Volume 132, Issue 10A
Royal Gazette
13 February 2558
Note: The grounds for promulgation of this Act are as follows: Whereas the trial of cases nowadays encounters disputes as to the meaning of the term "public officer", it is appropriate to designate a clear definition for the term "public officer". Moreover, [because] the Penal Code has not yet designated offences relating to corpses, that is, intercourse committed upon corpses, indecency committed upon corpses, causing of damage to corpses, and insult to or desecration of corpses, which violate the rights of family members, honour, and reputation [of the dead] as recognised by section 4 and section 35 of the Constitution of the Kingdom of Thailand,[1] it is appropriate to establish provisions for the said offences. Furthermore, [since] section 397 of the Penal Code only deals with cases of bullying, oppression, or causing humiliation or nuisance in a public place or in public, which do not cover acts committed in a private place, acts of intimidation, acts characteristic of sexual molestation, and acts committed by taking advantage of the fact that the offender has superior power over the victim, it is appropriate to designate the said acts as offences in order to protect the rights of persons to privacy as also recognised by section 35 of the Constitution of the Kingdom of Thailand.[1] In addition, [as] the rates of fine for petty offences are still not compatible with the economic and social conditions of the Country, it is appropriate to improve the rates of fine in line with the present situation. Therefore, it is necessary to enact this Act.
