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Volume 125, Issue 30A
Page 20
Royal Gazette

7 February 2551

"Offences committed by offenders whilst aged under eighteen years shall not be deemed to be offences which may be taken into consideration for the incarceration under this section."

Section4.The stipulations of section 46 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section46.If it becomes known to a court from a proposal of a public prosecutor that any person would cause an unfavourable incident by which danger would be brought about to a person or property of another person, or would commit any act by which injury would be brought about to the environment or natural resources according to the law on environment and natural resources, [or] in trying any offence, if [the court] finds a reasonable cause to believe that the charged person is likely cause an unfavourable incident by which danger would be brought about to a person or property of another person, or likely to commit an offence by which injury would be brought about to the environment or natural resources according to the law on environment and natural resources, regardless of whether or not the court would punish the charged person, the court shall have the power to order him to post a bond in which an amount of money not more than fifty thousand baht is designated, with him promising that, throughout the time designated by the court but not over two years, he will not cause the unfavourable incident or will not commit the offence as said, and [the court] may order the provision of security also.

If he refuses to post the bond or fails to provide security, the court shall have the power to order his confinement until the bond is posted or the security is provided successfully, but the confinement shall not be longer than six months, or [the court] may order prohibiting him from entering the areas as designated under section 45.

The acts of a person aged under eighteen years shall not be subject to the provisions of this section."

Section5.The stipulations of section 73 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section73.⁠A child aged still not over thirteen years who commits an act which the law prescribes to be an offence shall not be punished

The inquiry official shall send the child under paragraph 1 to a competent official under the law on child protection so that the welfare protection under the law thereon would be implemented."

Section6.The stipulations of paragraph 1 of section 74 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section74.A child aged above ten years but still not over fifteen years who commits an act which the law prescribes to be an offence shall not be punished, but the court shall have the power to proceed with him in the following manners: