Translation:Act Amending the Penal Code (No. 2), 2512 BE

by National Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Insertion of §335bis: theft of religious objects
4. Insertion of §339bis: aggravating circumstances for robbery
5. Insertion of §340bis: aggravating circumstances for gang robbery
6. Amendment to §357: aggravating circumstances for gang robbery
7. Insertion of §360bis: mischief

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 2),
2512 BE

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Bhumibol Adulyadej R
Given on the 4th day of December 2512 BE
Being the 24th 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. 2), 2512 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 its section 335bis:

"Section⁠335bis.⁠Whoever commits theft of a thing which is a Buddha image or religious object or any part of the said Buddha image or object, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht, if such thing is worshiped by the public or preserved as national treasure.

If the offence under paragraph 1 is committed in a temple, monastery, place of religious respect, historic place which is state property, official place, or national museum, the offender shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht."

Section⁠4.⁠The following stipulations shall be inserted in the Penal Code as its section 339bis:

"Section⁠339bis.⁠If the robbery is committed against the thing under section 335bis, paragraph 1, the offender shall be punished with imprisonment from five years to fifteen years and a fine from ten thousand baht to thirty thousand baht.

If such robbery is also committed in the place prescribed in section 335bis, paragraph 2, the offender shall be punished with imprisonment from ten years to fifteen years and a fine from twenty thousand baht to thirty thousand baht.

If the robbery under paragraph 1 or paragraph 2 causes another person to undergo physical or mental harm, the offender shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht.

If the robbery under paragraph 1 or paragraph 2 causes another person to undergo serious harm, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.

If the robbery under paragraph 1 or paragraph 2 causes another person to die, the offender shall be punished with life imprisonment or imprisonment of twenty years."

Section⁠5.⁠The following stipulations shall be inserted in the Penal Code as its section 340bis:

"Section⁠340bis.⁠If the gang robbery is committed against the thing under section 335bis, paragraph 1, the offenders shall be punished with imprisonment from ten years to fifteen years and a fine from twenty thousand baht to thirty thousand baht.

If such gang robbery is also committed in the place prescribed in section 335bis, paragraph 2, the offenders shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht.

If, in committing the gang robbery under paragraph 1 or paragraph 2, at least any one of the offenders also carries a weapon on the body, the offenders shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.

If the gang robbery under paragraph 1 or paragraph 2 causes another person to undergo serious harm, the offenders shall be punished with life imprisonment or imprisonment of twenty years.

If the gang robbery under paragraph 1 or paragraph 2 is committed through expression of cruelty to the degree of causing another person to undergo physical or mental harm, [or through] discharge of a gun, use of an explosive, or infliction of torture, the offenders shall be punished with death or life imprisonment.

If the gang robbery under paragraph 1 or paragraph 2 causes another person to die, the offenders shall be punished with death."

Section⁠6.⁠The following stipulations shall be inserted in the Penal Code as paragraph 3 of section 357:

"If the offence of receiving stolen goods is committed against a thing which has been obtained through the theft under section 335bis, robbery under section 339bis, or gang robbery under section 340bis, the offender shall be punished with imprisonment from five years to fifteen years and a fine from ten thousand baht to thirty thousand baht."

Section⁠7.⁠The following stipulations shall be inserted in the Penal Code as section 360bis:

"Section⁠360bis.⁠Whoever damages, destroys, depreciates, or causes to be useless the thing under section 335bis, paragraph 1, which is enshrined in the place under section 335bis, paragraph 2, shall be punished with imprisonment not over ten years, or a fine not over twenty thousand baht, or both the imprisonment and the fine."

Countersignatory:
Field Marshal Thanom Kittikachorn
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since it now appears that outlaws have been stealing from sanctuaries and museums a large number of precious Buddha images which are adored and worshipped by Buddhist devotees and are of historical value, of which some are palladiums of provinces, local people are suffering a great grief over the loss of objects of Buddhist worship. Moreover, the stealing of Buddha images in certain localities has been committed through display of serious cruelty and immorality, such as cutting and taking away heads of Buddha images, leaving only their bodies, without caring that they are national religious treasures. This is considered to be detrimental to the Nation and injurious to the Buddhist religion. This type of persons, including those receiving the stolen goods and exporting them abroad, ought to be given a harsher punishment than [that for the offences] committed against private property in general. [However,] resorting to the existing punishments under the old Penal Code [is impossible], as they are extremely light and not sufficient to prevent [the crimes]. For these reasons, the Penal Code ought to be altered in regard to this matter, so that it become more suitable for preventing and protecting invaluable property of the Nation from being totally taken out to foreign countries, before it is too late!

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Song) Phoso Song Phan Ha Roi Sipsong" [Act Amending the Penal Code (No. 2), 2512 BE]. (1969, 16 December). Ratchakitchanubeksa [Royal Gazette], 86(113A), 1103–1108. (In Thai).