Volume 139, Issue 66A
Royal Gazette
25 October 2565
If the commission of the offence under paragraph 1 causes serious harm to the victim, the offender incurs a penalty of imprisonment from ten years to twenty-five years and fine from two hundred thousand baht to five hundred thousand baht.
If the commission of the offence under paragraph 1 causes death to the victim, the offender incurs a penalty of imprisonment from fifteen years to thirty years, or imprisonment for life, and fine from three hundred thousand baht to one million baht.
Section38.If the offence under section 35 or section 36 is committed upon[1] a person aged not over eighteen years, a pregnant woman, a person with physical or mental disabilities, or a person incapable of self-dependence due to his age or illness, the offender incurs the penalty provided in such section, aggravated by one half.[2]
If the offence under section 37 is committed upon such a person as that under paragraph 1, the offender incurs the penalty provided in such section, aggravated by one half.
Section39.Anyone who joins a conspiracy to commit an offence according to section 35, section 36, section 37, or section 38 incurs one third of the penalty designated for such offence.
If an offence is committed as a result of such a conspiracy as that under paragraph 1, those joining the conspiracy incur the penalty designated for such offence.
In the event that the offence has been committed to the point of commencement but, due to intervention by anyone joining the conspiracy, the offence is not completed or it has been completed but produces no outcome, the court may impose upon the intervening conspirer a penalty lesser in any degree than that designated by the law.
Section40.An aider in the commission of an offence under section 35, section 36, section 37, or section 38 incurs the same penalty as the principal therein.
Section41.If, before the court of first instance issues a judgment, the offender under section 37, section 38, paragraph 2, section 39, or section 40 assists in the discovery of the person subjected to the enforced disappearance without such person having undergone serious harm or having fallen under a situation of imminent harm to the life, or provides important information beneficial to the prosecution, the court may impose upon him a penalty lesser in any degree than that designated by the law.
Section42.Any superior who learns that a subordinate under his own command is to commit or has committed an offence according to section 35, section 36, section 37, or section 38, and fails to undertake necessary and suitable measures in order to prevent or suppress the commission of the offence, or fails to undertake or refer the matter for further undertaking of investigation and prosecution according to the law, incurs one half of the penalty designated for such offence.
