Act
Amending the Penal Code (No. 17),
2547 BE
Bhumibol Adulyadej R
Given on the 12th day of October 2547 BE
Being the 59th 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. 17), 2547 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 (14) of section 1:
"(14)"electronic card" means—
(a)a document or any other object, regardless of any appearance or form it might take, which an issuer has issued to an eligible user, whether or not named, and on which data or codes have been recorded by the application of an electronic, electric, or electromagnetic means or any other similar means, which includes the application of a light-related means or magnetic means to make meanings available through letters, numbers, codes, card numbers, or any other symbols, either visible or invisible to the naked eye;
(b)any data, code, account number, electronic serial number, or digital instrument which an issuer has issued to an eligible user without issuing any other document or object to him, but which is used in a similar way to (a); or
(c)any other thing which is used in conjunction with electronic data to indicate relationships between a person and the electronic data and of which the objective is to verify the identity of the person who is the owner".
Section4.The following stipulations shall be inserted in the Penal Code as (2/1) of section 8:
"(2/1)offence relating to electronic cards, as prescribed in section 269/1 through section 269/7".
Section5.The following stipulations shall be inserted in the Penal Code as Chapter 4 Offences relating to electronic cards, section 269/1, section 269/2, section 269/3, section 269/4, section 269/5, section 269/6, and section 269/7 of Title 7 Offences relating to forgery and alteration:
"Chapter 4
Offences relating to electronic cards
Section269/1.Whoever forges an electronic card in whole or in part or causes information to be added to or abridged from or by any means modifies a genuine electronic card in a manner likely to cause injury to another person or the public, commits an offence of electronic card forgery and shall be punished with imprisonment from one year to five years and a fine from twenty thousand baht to one hundred thousand baht, if he does so in order to deceive any person into erroneously believing that the electronic card is genuine or to make any use thereof.
Section269/2.Whoever makes a tool or object for forgery or alteration or for acquisition of data for forgery or alteration of any of the things specified in section 269/1, or possesses the said tool or object for use in or for acquisition of data for forgery or alteration, shall be punished with imprisonment from one year to five years and a fine from twenty thousand baht to one hundred thousand baht.
Section269/3.Whoever brings into or sends out of the Kingdom any of the things under section 269/1 or section 269/2 shall be punished with imprisonment from three years to ten years and a fine from sixty thousand baht to two hundred thousand baht.
Section269/4.Whoever uses or possesses for use any of the things under section 269/1 which he has obtained with the knowledge that it has been forged or altered, shall be punished with imprisonment from one year to seven years, or a fine from twenty thousand baht to one hundred and forty thousand baht, or both the imprisonment and the fine.
Whoever disposes of or possesses for disposal anything which has been forged or altered in accordance with section 269/1 shall be punished with imprisonment from one year to ten years, or a fine from twenty thousand baht to two hundred thousand baht, or both the imprisonment and the fine.
If the offender under paragraph 1 or paragraph 2 is the one who forged the electronic card according to section 269/1, he shall be punished in accordance with this section on a single count only.
Section269/5.Whoever wrongfully uses an electronic card of another person in a manner likely to cause injury to another person or the public, shall be punished with imprisonment not over five years, or a fine not over one hundred thousand baht, or both the imprisonment and the fine.
Section269/6.Whoever, in a manner likely to cause injury to another person or the public, possesses an electronic card of another for the wrongful use according to section 269/5, shall be punished with imprisonment not over three years, or a fine not over sixty thousand baht, or both the imprisonment and the fine.
Section269/7.If an act as said in this chapter is done in relation to an electronic card which an issuer has issued to an eligible user for the purpose of payment of product prices, service charges, or other debts instead of cash, or for use in withdrawal of cash, the doer shall be punished one-half more heavily than the punishment prescribed in the section concerned."
Police Lieutenant Colonel Thaksin Shinawatra
Prime Minister
Note: The grounds for promulgation of this Act are as follows: At present, the use of documents or any other objects or data created in the form of electronic cards, such as credit cards, debit cards, smart cards, or any other cards of similar characteristics, whose objective is for use in paying product prices, service charges, or other debts or in furnishing [the users] themselves or other persons with any kind of benefit, is extensively increasing in amount and in types of usage. In addition, it appears that there have been the commission of offences relating to cards and the surreptitious use of electronic data of other persons, resulting in wide-scale impact upon the economy and consumers. It is appropriate to additionally criminalise the said offences relating to electronic cards and data so that they cover various forms of wrongdoings and carry rates of punishment suitable for their severity. Therefore, it is necessary to enact this Act.
Bibliography edit
- "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sipchet) Phoso Song Phan Ha Roi Sisip Chet" [Act Amending the Penal Code (No. 17), 2547 BE]. (2004, 22 October). Ratchakitchanubeksa [Royal Gazette], 121(65A), 22–25. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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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:
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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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