Translation:Act Amending the Penal Code (No. 10), 2532 BE

Act Amending the Penal Code (No. 10), 2532 BE (1989)
National Assembly of Thailand, translated from Thai by Wikisource
3703621Act Amending the Penal Code (No. 10), 2532 BE1989National Assembly of Thailand

Seal of the Royal Command
Seal of the Royal Command

Act
Amending the Penal Code (No. 10),
2530 BE


Bhumibol Adulyadej R
Given on the 4th day of August 2532 BE
Being the 44th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Penal Code;

Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Act Amending the Penal Code (No. 10), 2532 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The stipulations of paragraph 2 of section 56 of the Penal Code shall be repealed and replaced by the following stipulations:

"The court may designate one or several of the following clauses as the conditions for supervision of behaviour of the offender:

(1)he is required to occasionally report himself to an officer as specified by the court, in order that the officer would conduct interrogation, offer advice, provide assistance, or give warning in regard to his behaviour and occupation as found appropriate, or would arrange for him to perform a work of social service or work of public interest as found appropriate by him and the officer;

(2)he is required to practise or perform an occupation on a regular basis;

(3)⁠he is required to refrain from any association or behaviour which may lead to the commission of the same offence again;

(4)he is required to receive treatment of addiction to a harmful narcotic, bodily or mental impairment, or other ailment at the place and for the period of time designated by the court;

(5)other conditions which the court finds it appropriate to designate for rehabilitation or for prevention of the offender from committing or having an opportunity to commit an offence again."

Section4.The stipulations of paragraph 1 of section 58 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section58.When it becomes known to a court proprio motu or from a statement of a prosecuting party or an officer that, during the time designated by a court in accordance with section 56, the person against whom a court has issued a judgment has committed an offence other than a negligent offence or petty offence and will be adjudged by a court to imprisonment for such an offence, the court adjudging the subsequent case shall designate the punishment the designation of which has been suspended in the previous case and add it to the punishment in the subsequent case, or shall add the punishment the imposition of which has been suspended in the previous case to the punishment in the subsequent case, as the case may be."

Countersignatory:
General Chatichai Choonhavan
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Because the designation of conditions for supervision of behaviour of offenders for whom courts have suspended the designation of punishment or suspended the imposition of punishment in accordance with the current Penal Code is still not suitable for the rectification of those offenders in order to efficaciously enable them to reform themselves, it is appropriate to improve the conditions for supervision of behaviour of the offenders in the described events by broadening their scope, so that the courts would be able to exercise their discretion as suitable for each case. Moreover, in order that the enforcement of the provisions of the Penal Code which require the punishment of an offender whose behaviour is supervised following the suspension of the designation of his punishment or the suspension of the imposition of his punishment in a previous case to be added to his punishment in a subsequent case would see the result as actually desired, it is appropriate to require the [relevant] court to add the punishment so suspended to the punishment in the subsequent case and allow the court to do either proprio motu or upon a statement of a public prosecutor or behaviour control official. Therefore, it is necessary to enact this Act.

Bibliography edit

  • "Phra Ratchabanyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sip) Phoso Song Phan Ha Roi Samsip Song" [Act Amending the Penal Code (No. 10), 2532 BE]. (1989, 11 August). Ratchakitchanubeksa [Royal Gazette], 106(127A), 1–4. (In Thai).

   This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

 

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;'
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

 

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Translation:

 

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

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