Translation:Act Amending the Penal Code (No. 25), 2559 BE

by National Legislative Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §29: failure to pay a fine
4. Insertion of §29/1: enforcement of distress
5. Amendment to §30: term of confinement imposed instead of fine
6. Amendment to §30/1: community service imposed instead of fine
7. Amendment to §56: probation
8. Amendment to §84: abetting
9. Insertion of §85/1: mitigating circumstances for secondary participants
10. Transitory provision
11. Persons in charge of this Act

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 25),
2559 BE

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Bhumibol Adulyadej R
Given on the 4th day of April 2559 BE
Being the 71st 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 Legislative 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. 25), 2559 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Section3.The stipulations of section 29 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section29.Whoever has been fined and fails to pay the fine within thirty days counted from the day the court issued the judgment must incur the seizure of property or the attachment of claims over property to cover the fine, or else must incur confinement instead of the fine. But if the court entertains a reasonable suspicion that he would avoid paying the fine, the court may order provision of security or may order him to incur confinement instead of the fine for the time being.

The stipulations of paragraph 2 of section 24 shall not apply to confinement imposed instead of a fine."

Section4.The following stipulations shall be inserted in the Penal Code as section 29/1:

"Section29/1.In the event that a person fined fails to pay the fine within the term under section 29, paragraph 1, the court shall have the power to issue a writ of execution in order to seize property or attach claims over property to cover the fine.

As for the execution under paragraph 1, the Civil Procedure Code of shall apply mutatis mutandis, in respect of which court officers as may be appointed and public prosecutors shall bear the powers and duties to carry the execution out and execution officers shall bear the powers and duties to seize property or attach claims over property of the person fined and sell them at public auction according to notifications received from the court or public prosecutors. However, no state agency shall demand payment of costs or outlays from the persons carrying the execution out.

For the execution under paragraph 2, detection by a public prosecutor of property of the person fined shall conform to the criteria, procedure, and conditions designated in regulations of the Attorney General.

The provisions of this section do not affect the court in issuing an order according to section 29, paragraph 1."

Section5.The stipulations of section 30 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 15), 2545 BE, shall be repealed and replaced by the following stipulations:

"Section30.In applying confinement instead of a fine, the rate of five hundred baht per day shall be observed, and whether the case be of a single count or of several counts, the confinement shall not be applied over a term of one year, save where the court issues a judgment imposing a fine of two hundred thousand baht or more, in which case the court may order confinement instead of the fine for a period of time longer than one year but not than two years.

In calculating the period of time, the day on which the confinement imposed instead of the fine commences shall be included and shall be counted as one full day, regardless of the number of hours.

In the event that the person fined has been detained before the court issued the judgment, the days of such detention shall be deducted from the amount of the fine at the rate of five hundred baht per day, save where he has been adjudged to both imprisonment and fine, in which case, if the days of detention also need to be deducted from the time of imprisonment according to section 22, such deduction shall be made first, and whatever remains shall then be deducted from the fine.

When the person fined has incurred confinement instead of the fine until completion of the term, he shall be released on the day following the day of such completion. If money is provided to pay up his fine, he shall be released forthwith."

Section6.The stipulations of paragraph 1 of section 30/1 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 15), 2545 BE, shall be repealed and replaced by the following stipulations:

"Section30/1.In the event that a court has issued a judgment imposing a fine, the person fined, who is not a juristic person and has no money to pay the fine, may file with the court of first instance adjudging his case a petition for permission to perform a work of social service or work of public interest instead of paying the fine, or if it becomes known to a court at the time of adjudging a case that any of the persons to be fined meets meets the criteria for performing a work of social service or work of public interest according to this section, and if the person to be fined consents, the court may issue an order permitting him to perform a work of social service or work of public interest instead of paying the fine."

Section7.The stipulations of section 56 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 15), 2545 BE, shall be repealed and replaced by the following stipulations:

"Section56.When any person committed an offence carrying imprisonment or a fine and, in the case thereof, the court will impose imprisonment of not over five years, whether or not the fine will be imposed also, or will impose the fine, if it appears that he—

(1)has never been imprisoned before;

(2)has been imprisoned before, but the punishment was for a negligent offence or petty offence or the imprisonment was for a term of not over six months; or

(3)has been imprisoned before, but he had been discharged from the imprisonment for more than five years before committing this offence, and this subsequent offence is a negligent offence or petty offence;

and if the court has taken into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of that person, or the nature of his offence, or his remorse and attempt to mitigate the unfavourable outcome that has occurred, or other causes for which mercy should be given, the court may adjudge him guilty but suspends the designation of his punishment or may designate his punishment but suspends the imposition of the punishment, whether it be either or both of the imprisonment and the fine, in order to give him an opportunity to reform himself within a period of time to be designated by the court but not over five years counted from the day the court issues the judgment, in respect of which the court may also designate conditions for supervision of his behaviour.

The court may, as proper for the case, designate one or several of the following clauses as the conditions for supervision of behaviour of the offender according to paragraph 1:

(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;

(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 a similar offence again;

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

(5)he is required to receive training at a place and for a period of time designated by the court;

(6)he is prohibited from leaving his residence or from entering any place during the time designated by the court, in regard to which an electrical device or any other device which can be used to check or limit travel may be applied also;

(7)he is required to pay compensation to or otherwise remedy the injury of the injured party, subject to agreements between the offender and the injured party;

(8)he is required to rehabilitate or remedy the damage which has occurred to the natural resources or environment, or to pay damages therefor;

(9)he is required to post a bond in which an amount of money is designated as found appropriate by the court, with him promising that he will not cause an unfavourable incident or danger to another person or property;

(10)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, or conditions for remedying the injured party as found appropriate.

As for the conditions which the court has designated in accordance with the stipulations of paragraph 2, if it later becomes known to the court from an application of the offender, his legal representative, his curator, a public prosecutor, or an officer that the circumstances relating to the supervision of his behaviour have changed, the court may, when the court finds it appropriate, amend or revoke any of those conditions or may additionally designate any of the conditions as said in paragraph 2 and not yet designated by the court, or if the bond is breached, the provisions of section 47 shall apply mutatis mutandis."

Section8.The stipulations of section 84 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section84.Whoever causes another person to commit an offence, whether by employment, forcing, threatening, hiring, asking, or encouragement, or by any other way, is an abettor.

If the offence has not been committed, whether because the abetted refused to commit it or has not yet committed it or because of any other reason, the abettor shall merely be punished with one third of the punishment designated for the offence.

If the abetted has committed the offence, the abettor must be punished as if being a principal, and if the abetted is a person aged not over eighteen years, disabled person, infirm person, employee or subordinate of the abettor, person in poverty, or person required to depend upon the abettor owing to ailment or in any manner, the punishment designated by the court for the abettor shall be increased by one half."

Section9.The following stipulations shall be inserted in the Penal Code as section 85/1:

Section85/1.If the person abetted according to section 84 or person complying with the publication or announcement made to the general public encouraging them to commit an offence according to section 85 provides important information which brings to light the offence of the abettor or person making the publication or announcement to the general public encouraging them to commit an offence, and which is of great benefit to the prosecution of the said person, the court may punish him more lightly in any degree than the minimum rate of punishment designated for his offence."

Section10.The provisions of section 30 of the Penal Code, which have been amended by this Act, shall also apply to the persons incurring confinement instead of fines on the day of coming into force of this Act, and if, after the periods of the confinement they are incurring instead of fines have been calculated according to the new rate, it appears that they have already been confined up to the completion of or beyond the periods so calculated, or in the event that they have been adjudged by the court to a fine not as high as two hundred thousand baht and they have already been confined over a term of one year, they shall be released forthwith.

Section11.The President of the Supreme Court of Justice and the Minister of Justice shall be in charge of the execution of this Act.

Countersignatory:
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas the criteria and procedure for enforcement of fines by means of seizure of property or attachment of claims over property to cover the fines have not yet been designated and the pecuniary rate designated for the confinement imposed instead of fines as in force at present is not consistent with the economic and social conditions that have changed, it is appropriate to clearly designate the described criteria and procedure so that responsible functionaries would be able to function, and [it is appropriate] to designate in line with the minimum wage and the economic conditions a pecuniary rate for the confinement imposed instead of fines. Besides, [since] the provisions regarding the suspension of the designation of punishment or the suspension of the imposition of punishment, which is a method for rehabilitation of offenders who should not be sent into the penitentiary system, have not yet been applied to persons fined, and persons who have been imprisoned for trivial reasons or are not habitual offenders still have no opportunity to enjoy the suspension of the designation of punishment or the suspension of the imposition of punishment, resulting in there being a large number of short-term prisoners in penitentiaries, it is appropriate to improve the criteria pertaining to the described matters so that they become more suitable. In addition, now persons of physical or mental weakness or persons incapable of resistance have more and more been employed to commit offences. [As] this does not merely result in injury to the victims of the crimes but also causes the persons who never have had criminal motives before to become criminals and incur punishment and to be likely to fall into danger and encounter trouble with respect to themselves and their families, it is appropriate to designate higher punishment for the abettors in those cases and to establish measures for decrease of punishment in favour of the persons so employed or persons complying with statements published or announced to the general public encouraging them to commit offences, who reveal important information which leads to successful prosecution of the abettors or persons making such publication or announcement. Therefore, it is necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Yisip Ha) Phoso Song Phan Ha Roi Hasip Kao" [Act Amending the Penal Code (No. 25), 2559 BE]. (2016, 7 April). Ratchakitchanubeksa [Royal Gazette], 133(31A), 1–6. (In Thai).