Translation:Act Amending the Penal Code (No. 16), 2546 BE

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Act Amending the Penal Code (No. 16), 2546 BE (2003)
National Assembly of Thailand, translated from Thai by Wikisource

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National Assembly of Thailand3497007Act Amending the Penal Code (No. 16), 2546 BE2003Wikisource

Table of contents

The Act

Preamble

Section

Title
Commencement
Amendment to §18: prohibition of infliction of death and life imprisonment
Amendment to §19: method of execution
Person in charge of this Act

Statement of grounds

Act
Amending the Penal Code (No. 16),
2546 BE

Bhumibol Adulyadej R
Given on the 13th day of June 2546 BE
Being the 58th 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. 16), 2546 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards, save section 4, which shall come into force upon expiry of one hundred and twenty days counted 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 paragraph 2 and paragraph 3 of section 18:

"The punishments of death and life imprisonment shall not apply to those who commit offences whilst aged under eighteen years.

In the event that an offence committed by an offender whilst aged under eighteen years is punished with death or life imprisonment, the said punishment shall be deemed to have changed to imprisonment of fifty years."

Section4.The stipulations of section 19 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section19.Whoever has been sentenced to death shall be dealt with via lethal injection of drugs or toxicants.
The criteria and procedure for the carrying out of death sentences shall be in accordance with the rules designated by the Ministry of Justice as published in the Royal Gazette."

Section5.The Minister of Justice shall be in charge of the execution of this Act.

Countersignatory:
Police Lieutenant Colonel Thaksin Shinawatra
Prime Minister

Note: The grounds for promulgation of this Act are as follows: At present, the provisions of the Penal Code which relate to the carrying out of the punishments of death and life imprisonment upon those who have committed offences whilst aged under eighteen years are still not consistent with paragraph 5 of article 6 of the International Covenant on Civil and Political Rights 1966, which designates that persons aged under eighteen years who have committed offences are not to be sentenced to death, and section 37 a) of the Convention of the Rights of the Child 1989, which designates that no child is to be subjected to torture or cruel, inhuman, or degrading treatment or punishment, and neither death nor life imprisonment without possibility of release is to be inflicted for offences committed by persons aged under eighteen years — [both being treaties] to which Thailand has become a party. In addition, the provisions of the Penal Code which relate to the shooting to death as a method of execution are still unsuitable for and inconsistent with the present circumstances, because it is a brutal, cruel, and inhuman method which the State should not employ against offenders. It is appropriate to amend the Penal Code in order that the application of the punishments of death and life imprisonment to those who have committed offences whilst aged under eighteen years would be prohibited, and the punishment of death or life imprisonment would be deemed to have been changed to fifty-year imprisonment in the event that the offences committed by the described persons carry such a punishment, and the method of execution would be changed from shooting to death to lethal injection of toxicants instead. Therefore, it is necessary to enact this Act.

Bibliography

"Phra Ratchabanyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sip-hok) Phoso Song Phan Ha Roi Sisip Hok" [Act Amending the Penal Code (No. 16), 2546 BE]. (2003, 20 June). Ratchakitchanubeksa [Royal Gazette], 120(58A), 1–3. (In Thai).

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

Original:

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

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Translation:

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