Translation:Act Amending the Penal Code (No. 13), 2537 BE

Act Amending the Penal Code (No. 13), 2537 BE (1994)
National Assembly of Thailand, translated from Thai by Wikisource

3603085Act Amending the Penal Code (No. 13), 2537 BE1994National Assembly of Thailand

Table of contents

The Act

Preamble

Section

Title
Commencement
Insertion of §310bis: unlawful restraint or confinement for forced employment
Insertion of §312bis: aggravating circumstances

Statement of grounds

Act
Amending the Penal Code (No. 13),
2537 BE

Bhumibol Adulyadej R
Given on the 21st day of May 2537 BE
Being the 49th 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. 13), 2537 BE".

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

Section⁠3.⁠The following stipulations shall be inserted in the Penal Code as section 310bis.

"Section⁠310bis.⁠Whoever restrains or confines another person or by any means deprives another person of physical liberty and has such other person do anything for him or a third person, shall be punished with imprisonment not over five years and a fine not over ten thousand baht."

Section⁠4.⁠The following stipulations shall be inserted in the Penal Code as section 312bis:

"Section⁠312bis.⁠If the offence under section 310bis or section 312 is committed against a child aged not over fifteen years still, the offender shall be punished with imprisonment from three years to ten years and a fine not over twenty thousand baht.
If the commission of the offence under paragraph 1, or section 310bis, or section 312 causes the victim—
(1)⁠to undergo physical or mental harm, the offender shall be punished with imprisonment from five years to fifteen years and a fine not over thirty thousand baht;
(2)⁠to undergo serious harm, the offender shall be punished with life imprisonment or imprisonment from seven years to twenty years;
(3)⁠to die, the offender shall be punished with death, life imprisonment, or imprisonment from fifteen years to twenty years."

Countersignatory:
Chuan Leekpai
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since it appears that children have been lured into working at factories and the owners of the factories have restrained or confined those children whilst requiring them to work in a manner which is inhumane and breaches the minimum standard of labour under the law on labour protection and which as well affects the peace of the society, it is appropriate to criminalise the said acts as new particular offences. Therefore, it is necessary to enact this Act.

Bibliography edit

"Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sipsam) Phoso Song Phan Ha Roi Samsip Chet" [Act Amending the Penal Code (No. 13), 2537 BE]. (1995, 10 June). Ratchakitchanubeksa [Royal Gazette], 111(22A), 1–2. (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:

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the constitution and legislation;'

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Translation:

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