Thailand Criminal Code : Part 1 / Part 2 / Part 3

    Chapter 6
    Principals and Supporters

    Section 83 In case of any offence is accrued by commission of the person as from two persons, such accomplices deemed to be principals shall be punished as provided by the law for such offence.

    Section 84 Whoever, whether by compulsion, threat, employment, hire, asking as favor or instigation, or by any other means, causes another person to commit any offense is said to be an instigator.

    If the offense is not committed, whether because the person inciter does not consent to commit or has not yet committed, or other reason, the instigator shall be liable to only one-third of the punishment provided for such offense.

    If the person inciter commits the offense, the instigator hall receives the punishment as principal and if the s person inciter is a person under eighteen years, a disabled person, a disability, employee or subordinates of an instigator, the poor or people who have to rely on instigator because of illness or in any way increase the punishment for the instigator to receive half of the punishment prescribed by the court for that person.

    Section 85 Whoever advertises or publishes to the general public to commit an offence and such offence is punishable with imprisonment of not less than six months, that person shall be liable to one-half of the punishment provided for such offence.

    If the offence is committed on account of the advertisement or publication according to the first paragraph, the person who made such advertisement or publication shall be liable to the punishment as principal.

    Section 86 Whoever does for any reason whatsoever as assist or facilitate any other person committing an offence before or during the time of committing the offence, even though such assistance or facilitator does not known that such assistant deemed to be supporter in committing such offence shall be punished by two-thirds of the punishment as provided for such offence.

    Section 87 In case of an offence is committed on account of having a person to employ another person to commit the offence according to Section 84, or on account of having a person to advertise or publish to the general public to commit the offence according to Section 85, or by having the supporter according to Section 86; if the offence occurred is committed by the offender beyond the scope of the employment, advertisement or publication, or in excess of the intention of the supporter, the instigator, the person making the advertisement or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be criminally liable for the offence only in so far as it is within the scope of the employment, advertisement or publication, or within the scope of the intention of the supporter to commit the offence only. But, by circumstances, if it may be foreseen that such offence may occur from the employment, advertisement or publication, or support, the instigator, the person making the advertisement or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be criminally liable for the offence occurred.

    In case of the employed person, the person doing according to the advertisement or publication to the general public to commit an offence, or the principal in the offence shall be criminally liable for higher punishment on account of the consequence resulting from the commission of the offence, the instigator, the person making the advertisement or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be also criminally liable for the offence having such higher punishment. But, by the nature of the offence, if the offender shall be criminally liable for higher punishment only when the offender must know or could foresee that such consequence would occur, the instigator, the person making the advertisement or publication to the general public to commit the offence, or the supporter to commit the offence shall be criminally liable for the offence having higher punishment only when he has known or could have foreseen that such consequence would occur.

    Section 88 If the offence for which there is employment, advertisement or publication to the general public to commit the offence or support is carried out up to the stage of commencement, but, on account of the intervention of the instigator, the person making the advertisement or publication, or the supporter, it cannot be carried through, or it is carried through, but it does not achieve its end, the instigator or the person making the advertisement or publication shall be liable only for what is provided in Section 84, second paragraph, or Section 85, first paragraph, as the case may be, while the supporter shall not be liable to punishment.

    Section 89 If there is any personal circumstance to any offender so as to excluded, reducing or increasing the punishment, such circumstances personal shall not be applied to any other offender for committing such offence. But the circumstances so as to exclude, reduce, or increase the punishment as circumstances relating to the nature of the offence, it shall be applied to every offender involving the commission of the offence.

 

Unofficial translation by Chaninat and Leeds, Thai Attorneys