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Translation:Order of the National Administrative Reform Council No. 41

Order of the National Administrative Reform Council No. 41 (1976)
National Administrative Reform Council, translated from Thai by Wikisource
1233858Order of the National Administrative Reform Council No. 411976National Administrative Reform Council
Table of contents 
The Order
Preamble
Article
  1. Amendment to §112: lèse-majesté
  2. Amendment to §118: desecration of national symbols
  3. Amendment to §§133–136: lèse-majesté against foreign personages; desecration of foreign symbols; insults to officers
  4. Amendment to §138: offering resistance or obstruction to officers
  5. Amendment to §198: insult to courts or judges; obstruction of justice
  6. Amendment to §206: religious desecration
  7. Amendment to §326: defamation
  8. Amendment to §328: defamation by publication
  9. Amendment to §393: affront; insult by publication
Commencement
​

Order of the National Administrative Reform Council
No. 41

Whereas the National Administrative Reform Council entertains an opinion that the rates of punishment designated for the offences relating to defamation or insult against the King, Queen, Heir to the Throne, or Regent [of Thailand], the king, queen, prince consort, heir to the throne, or head of a foreign state, officers whilst performing duties, courts or judges, and people in general, as well as other acts of desecrating the Nation [or] a foreign state which has friendly relations [with the Nation], or acts constituting religious desecration, and offences relating to the offering of resistance or obstruction to officers in the performance of duties and the causing of obstruction to the trial or adjudication of [a case by] a court, are not suitable for the present situations, it is appropriate to modify those rates of punishment so that they be higher. The Head of the National Administrative Reform Council therefore issues the following order:

Article⁠1.⁠The stipulations of section 112 of the Penal Code shall be repealed and replaced by the following stipulations:

​

"Section⁠112.⁠Whoever defames, insults, or expresses ill will towards the King, Queen, Heir to the Throne, or Regent, shall be punished with imprisonment from three years to fifteen years."

Article⁠2.⁠The stipulations of section 118 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠118.⁠Whoever commits any act against a flag or any other symbol that signifies the State, in order to desecrate the Nation, shall be punished with imprisonment not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine."

Article⁠3.⁠The stipulations of section 133, section 134, section 135, and section 136 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠133.⁠Whoever defames, insults, or expresses ill will towards the king, queen, prince consort, heir to the throne, or head of a foreign state, shall be punished with imprisonment from one year to seven years, or a fine from two thousand baht to fourteen thousand baht, or both the imprisonment and the fine.

​Section⁠134.⁠Whoever defames, insults, or expresses ill will towards a representative of a foreign state accredited to the royal court shall be punished with imprisonment from six months to five years, or a fine from one thousand baht to ten thousand baht, or both the imprisonment and the fine.

Section⁠135.⁠Whoever commits any act against a flag or any other symbol that signifies a foreign state which has friendly relations [with Thailand], in order to desecrate such state, shall be punished with imprisonment not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine.

Section⁠136.⁠Whoever insults an officer who is executing a duty or because he has executed a duty shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine."

Article⁠4.⁠The stipulations of section 138 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠138.⁠Whoever resists or obstructs an officer or person required by the law to help an officer in the performance of a duty, shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.

​If such resistance or obstruction is committed by exercising forcible violence or threatening to exercise forcible violence, the offender shall be punished with imprisonment not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine."

Article⁠5.⁠The stipulations of section 198 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠198.⁠Whoever insults a court or judge during the trial or adjudication of a case, or obstructs the trial or adjudication [of a case] by a court, shall be punished with imprisonment from one year to seven years, or a fine from two thousand baht to fourteen thousand baht, or both the imprisonment and the fine."

Article⁠6.⁠The stipulations of section 206 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠206.⁠Whoever commits by any means against an object or place of religious reverence of any community of people an act which constitutes desecration of their religion, shall be punished with imprisonment from one year to seven years, or a fine from two thousand baht to fourteen thousand thousand baht, or both the imprisonment and the fine."

​Article⁠7.⁠The stipulations of section 326 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠326.⁠Whoever makes an imputation against another person before a third person in a manner likely to subject such other person to disrepute, insult, or hatred, commits an offence of defamation and shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine."

Article⁠8.⁠The stipulations of section 328 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠328.⁠⁠⁠If the offence of defamation is committed by publication through a document, drawing, painting, film, picture or letter made available by any means, phonograph record, or other audio recording; committed by broadcasting of sound; or committed by any other means of publicity; the offender shall be punished with imprisonment not over two years or a fine not over four thousand baht, or both the imprisonment and the fine."

Article⁠9.⁠The stipulations of section 393 of the Penal Code shall be repealed and replaced by the following stipulations:

​

"Section⁠393.⁠Whoever insults another person in his presence or through publication, shall be punished with imprisonment not over one month, or a fine not over one thousand baht, or both the imprisonment and the fine."

All this shall come into force henceforth.

Ordered on the 21st day of October 2519 Buddhist Era
Admiral Sa-ngad Chaloryu
Head of the National Administrative Reform Council

Bibliography edit

  • "Khamsang Khong Khana Patirup Kanpokkhrong Phaendin Chabap Thi Sisip Et" [Order of the National Administrative Reform Council No. 41]. (1976, 21 October). Ratchakitchanubeksa [Royal Gazette], 93(134A), 46–51. (In Thai).

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

Original:

 

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:

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

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;'
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

 

Public domainPublic domainfalsefalse

Translation:

 

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.

Public domainPublic domainfalsefalse

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