- The Act
- Preamble
- Section
- Statement of grounds
Act
Amending the Penal Code (No. 27),
2562 BE
Phra Bat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn
Phra Wachiraklao Chaoyuhua
Given on the 24th day of May 2562 BE
Being the 4th year of the present reign
Phra Bat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn Phra Wachiraklao Chaoyuhua 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 in its exercise of the duties 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. 27), 2562 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 (18) of section 1:
"(18)"to commit intercourse" means to satisfy one's desire by penetrating the sex organ, anus, or oral cavity of another with one's sex organ".[1]
Section4.The stipulations of section 276 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations:
"Section276.Anyone who forcibly commits intercourse with another by threatening in whatever manner, by exercising forcible violence, whilst the latter is being in a state of irresistibility, or by making the latter mistake him for a different person, incurs a punishment of imprisonment from four years to twenty years and a fine from eighty thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed by making the victim understand that the offender has a firearm or explosive, [the offender] incurs a punishment of imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, [the offender] incurs a punishment of imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 is committed between spouses and those spouses still wish to live and cohabit together as husband and wife, the court may inflict a lesser punishment than that designated by the law to any extent or may designate conditions for supervision of behaviour instead of inflicting a punishment. In the event that the court gives a judgment inflicting imprisonment and either spouse does not wish to live and cohabit with the other as husband and wife any longer and wishes for divorce, that spouse shall notify the court and the court shall notify a public prosecutor to institute a divorce action for [that spouse]."
Section5.The stipulations of section 277 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 23), 2558 BE, shall be repealed and replaced by the following stipulations:
"Section277.Anyone who commits intercourse with a child aged still not over fifteen years other than his own wife or her own husband, whether with or without the consent of that child, incurs a punishment of imprisonment from five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed against a child aged still not over thirteen years, [the offender] incurs a punishment of imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 or paragraph 2 is committed by making the victim understand that the offender has a firearm or explosive, [the offender] incurs a punishment of imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 or paragraph 2 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy, [the offender] incurs a punishment of imprisonment for life.
[As regards] the offence provided in paragraph 1, if it is committed by a person aged not over eighteen years against a child whose age is above thirteen years but still not over fifteen years with the consent of that child, the court having the power to try juvenile and family cases may consider implementing the welfare protection for the child victim or the offender according to the law on child protection instead of inflicting a punishment. In making consideration, the court shall also take into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of the offender and the child victim, the relationship between the offender and the child victim, or other suitable causes for the benefit of the child victim.
In the event that the welfare protection under the law on child protection has been implemented for the child victim or the offender, the offender is not required to be punished [any longer]. But if the said welfare protection is unsuccessful, the court may inflict upon the offender a lesser punishment than that designated by the law for the offence to any extent. In making consideration, the court shall also take into account the causes according to paragraph 5."
Section6.The stipulations of section 277bis of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations:
"Section277bis.If the commission of the offence under section 276, paragraph 1, or section 277, paragraph 1 or paragraph 2, causes the victim—
(1)to undergo serious harm, the offender incurs a punishment of imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or imprisonment for life;
(2)to die, the offender incurs a punishment of death or imprisonment for life."
Section7.The stipulations of section 277ter of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 20), 2550 BE, shall be repealed and replaced by the following stipulations:
"Section277ter.If the commission of the offence under paragraph 276, paragraph 3, or section 277, paragraph 4, causes the victim—
(1)to undergo serious harm, the offender incurs a punishment of death or imprisonment for life;
(2)to die, the offender incurs a punishment of death."
Section8.The following stipulations shall be inserted in the Penal Code as paragraph 2, paragraph 3, and paragraph 4 of section 278:
"If the offence under paragraph 1 is committed by penetrating the sex organ or anus of such person with any object or bodily organ other than the sex organ, the offender incurs a punishment of imprisonment from four years to twenty years and a fine from eighty thousand baht to four hundred thousand baht.
If the offence under paragraph 2 is committed by making the victim understand that the offender has a firearm or explosive, [the offender] incurs a punishment of imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht.
If the offence under paragraph 2 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, [the offender] incurs a punishment of imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or imprisonment for life."
Section9.The stipulations of section 279 and section 280 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations:
"Section279.Anyone who commits indecency with a child aged still not over fifteen years, whether with or without the consent of that child, incurs a punishment of imprisonment not over ten years, or a fine not over two hundred thousand baht, or both the imprisonment and fine.
If the offence under paragraph 1 is committed against a child aged still not over thirteen years, [the offender] incurs a punishment of imprisonment from one year to ten years, or a fine from twenty thousand baht to two hundred thousand baht, or both the imprisonment and fine.
If the offender commits the offence under paragraph 1 or paragraph 2 by threatening in whatever manner, by exercising forcible violence, whilst the child is being in a state of irresistibility, or by making the child mistake him for a different person, [the offender] incurs a punishment of imprisonment from one year to fifteen years, or a fine from twenty thousand baht to three hundred thousand baht, or both the imprisonment and fine.
If the offence under paragraph 1 or paragraph 3 is committed by penetrating the sex organ or anus of the child with any object or bodily organ other than the sex organ, [the offender] incurs a punishment of imprisonment from five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht.
If the offence under paragraph 4 is committed against a child aged still not over thirteen years, [the offender] incurs a punishment of imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 4 or paragraph 5 is committed by making the victim understand that the offender has a firearm or explosive, [the offender] incurs a punishment of imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 4 or paragraph 5 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy, [the offender] incurs a punishment of imprisonment for life.
Section280.If the commission of the offence under section 28 or section 279 causes the victim—
(1)to undergo serious harm, the offender incurs a punishment of imprisonment from five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht, or imprisonment for life;
(2)to die, the offender incurs a punishment of death or imprisonment for life."
Section10.The following stipulations shall be inserted in the Penal Code as section 280/1:
"Section280/1.If the offender under section 276, section 277, section 278, or section 279 has recorded pictures or sounds of the act of intercourse or indecency with a view to seeking undue benefit for himself or another, [the offender] incurs a punishment one third heavier than that provided in such section.
If the offender under paragraph 1 has communicated or forwarded [to another] the recorded pictures or sounds of the act of intercourse or indecency, [the offender] incurs a punishment one half heavier than that provided in such section."
Section11.The stipulations of section 281 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 Buddhist Era, shall be repealed and replaced by the following stipulations:
"Section281.The offences under the following sections are compoundable:
(1)section 276, paragraph 1, and section 278, paragraph 2, when committed between spouses and[2] not taking place in the presence of a third party or not causing the victim to undergo serious harm or to die;
(2)section 278, paragraph 1, when not taking place in the presence of a third party, not causing the victim to undergo serious harm or to die, or not committed against [any of] the persons specified in section 285 and section 285/2."
Section12.The stipulations of section 285 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 Buddhist Era, shall be repealed and replaced by the following stipulations:
"Section285.If the offence under section 276, section 277, section 277bis, section 277ter, section 278, section 279, section 280, section 282, or section 283 is committed against an ascendant, a descendant, a full or half brother or sister, a consanguineous relative, a pupil under [the offender's] care, a person under [the offender's] control by virtue of [the offender's] public duty, a person under [the offender's] guardianship, custodianship, or curatorship, or a person otherwise subjected to [the offender's] power, the offender incurs a punishment one third heavier than that provided in such section."
Section13.The following stipulations shall be inserted in the Penal Code as section 285/2:
"Section285/2.If the offence under section 276, section 277, section 277bis, section 277ter, section 278, or section 279 is committed against a person incapable of self-defence owing to infirmity, mental defect, mental disease, or mental disorder, an ailing person, an elderly person, a pregnant woman, or a person in a state of inability to discern right from wrong, the offender incurs a punishment one third heavier than that provided in such section."
Section14.The stipulations of section 286 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations:
"Section286.Anyone who commits [any of] the following [acts] in whatever manner, incurs a punishment of imprisonment not over twenty years and a fine not over four hundred thousand baht, or imprisonment for life:
(1)assisting, facilitating, or protecting the prostitution of another;
(2)deriving benefit of whatever form from the prostitution of another or from a prostitute;
(3)directing, threatening, deceiving, or exercising influence over another, or accepting another into employment, for [the purpose of] prostitution;
(4)arranging for prostitution between a prostitute and a client;[3]
(5)covering up or misrepresenting the source of the income or property obtained through prostitution;
(6)being together with or associating with one or several prostitutes habitually and being unable to demonstrate the source of the income for one's own livelihood;[4]
(7)obstructing the operations of an agency in charge of preventing, controlling, assisting, or educating a prostitute, a person who is to engage in prostitution, or a person who is likely to be harmed by prostitution.[5]
The stipulations of paragraph 1(2) and (6) shall not apply to the persons deriving benefit of whatever form which they are legally or morally entitled to receive."
Section15.The stipulations of section 366/1 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 22), 2558 BE, shall be repealed and replaced by the following stipulations:
"Section366/1.Anyone who satisfies his own desire by penetrating with his own sex organ the sex organ, anus, or oral cavity of a corpse, incurs a punishment of imprisonment not over three years, or a fine not over sixty thousand baht, or both the imprisonment and fine."
General Prayut Chan-o-cha
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Whereas it is appropriate to improve the definition of the term "to commit intercourse" in the provisions on offences relating to sexuality and the provisions on offences relating to corpses in the Penal Code, in order that they would be clear and be in line with the natural characteristics of the intercourse; and [whereas it is appropriate] to improve the provisions on certain offences relating to sexuality in order to increase the efficacy of law enforcement and to extend protection to various groups of sex victims, as children, persons under offenders' power, and persons incapable of self-defence; and [whereas it is appropriate] also to deter acts of exploiting or deriving benefit from prostitutes or prostitution; therefore, it is necessary to enact this Act.
NotesEdit
- ↑ Literally, "to commit for satisfying the desire of the committing person by using the sex organ of the committing person to penetrate the sex organ, anus, or oral cavity of another".
- ↑ Originally, "if".
- ↑ Literally, "a service user".
- ↑ Compare article 225-6 of the French Penal Code: "3° being unable to account for an income compatible with one's lifestyle while living with a person habitually engaged in prostitution or while entertaining a habitual relationship with one or more persons engaging in prostitution" (Spencer, 2005, p. 51).
- ↑ Compare article 225-6 of the French Penal Code: "4° obstructing operations of prevention, control, assistance or re-education undertaken by institutions qualified to deal with persons in danger of prostitution or engaging in prostitution" (Spencer, 2005, p. 51).
BibliographyEdit
OriginalEdit
- "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Yisip Chet) Phoso Song Phan Ha Roi Hoksip Song" [Act Amending the Penal Code (No. 27), 2562 BE]. (2019, 27 May). Ratchakitchanubeksa [Royal Gazette], 136(69A), 127–134. (In Thai).
ReferencesEdit
- Spencer, J. R. (2005). "Criminal Code of the French Republic". ODIHR's Legislationline. Archived from the original on 2020-07-06.
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