Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour :
Lèse-majesté (มาตรา 112, lèse-majesté, lèse majeste, in Thai simply matra 112) is the offence in Section 112 of the Thai Criminal Code of defaming, insulting or threatening the King, the Queen, the Heir-apparent or the Regent, punished with imprisonment of 3 to 15 years. It sits in the chapter on offences against the security of the Kingdom, not in the defamation chapter, which is why the usual defences and the private-settlement route do not apply. Foreigners are prosecuted under it, including for material posted online from abroad and read in Thailand.
Table des matières
What Section 112 covers and how a case starts
Four persons are protected: the King, the Queen, the Heir-apparent and the Regent. The acts are defamation, insult and threat, and the courts have read them widely, taking in speech, writing, images, shares and likes on social media, and symbolic acts. Whether the section extends to past monarchs is not settled in the text, but prosecutions for remarks about the late King have been brought. The penalty is 3 to 15 years for each count, and separate posts are charged as separate counts, subject to the overall cap in Section 91 of 50 years.
Because the offence is against the state, any person may file a complaint at any police station, and the police are bound to open an inquiry. There is no requirement that the palace or the government complain, no 3-month deadline, and the case cannot be withdrawn or settled: it is not a infraction transigeable. Le procureur général decides whether to indict, and the trial is held in the ordinary Criminal Court, usually behind closed doors.
Practical points for foreigners living in Thailand
The section applies to everyone on Thai soil, and Thai courts have accepted jurisdiction over online content posted abroad once it is accessible in Thailand. Where the material was posted online, the police normally add a charge under Section 14(3) of the Loi sur la cybercriminalité for data affecting national security, which carries up to 5 years and a bien of up to 100,000 baht per count.
Caution is legally available but discretionary, and since 2020 it has been refused more often than granted in serious cases; foreigners are treated as a flight risk and their passports are held. An embassy can visit and monitor a trial but cannot intervene. Foreign nationals convicted under Section 112 have in several cases been released early by royal pardon after serving part of the sentence, and are then deported and blacklisted. Employers, landlords and business partners in Thailand treat even an accusation as serious, so anything touching the monarchy should be kept out of public posts and messages.
Lese-majeste compared with ordinary defamation
Ordinary defamation under Sections 326 to 328 carries at most 2 years, allows truth and good-faith defences under Sections 329 and 330, needs a complaint from the person defamed and can be settled. Section 112 carries a minimum of 3 years per count, offers no truth defence, can be triggered by any complainant and cannot be settled. Sentences are frequently reduced by a guilty plea, typically by half, and the courts have suspended sentences in a minority of cases. Proposals to amend the section have been treated by the Constitutional Court as attempts to undermine the constitutional monarchy, so change through Parliament is unlikely in the near term.
Foire aux questions
What is the penalty for lese majeste in Thailand?
Section 112 of the Criminal Code sets imprisonment of 3 to 15 years for each count. Multiple posts or statements are charged separately, and the total is capped at 50 years under Section 91. A guilty plea normally reduces the sentence, and some sentences have been suspended, but there is no fine-only option.
Can a foreigner be charged with lese majeste in Thailand?
Yes. The section applies to anyone in Thailand regardless of nationality, and Thai courts have taken jurisdiction over online content posted from abroad when it can be read in Thailand. Foreign nationals have been convicted, and after serving or being pardoned they are deported and placed on the immigration blacklist.
Who can file a lese majeste complaint in Thailand?
Any person, not only the palace or the state. The police must record and investigate every complaint, and the public prosecutor then decides whether to indict. The complainant cannot later withdraw the case, because lese majeste is not a compoundable offence.
Voir aussi : diffamation, Loi sur la cybercriminalité, expulsion, et les guides lese majeste in Thailand, appels et grâces en Thaïlande ET droit pénal en Thaïlande.
Actualités juridiques thaïlandaises, gratuites par courriel
Des informations claires et concises sur les changements législatifs thaïlandais concernant les étrangers : propriété, visas, mariage, affaires et testaments. Un court courriel par mois, envoyé par un cabinet d’avocats établi depuis 2006. Zéro spam, désabonnement possible à tout moment.