Crier pendant l'hymne royal tout en refusant de se lever comme tout le monde le faisait a montré une intention d'insulter le Roi en vertu de l'article 112. คำพิพากษาฎีกาที่ 1294/2521: กิริยาไม่เคารพขณะเพลงสรรเสริญพระบารมีเป็นการดูหมิ่นพระมหากษัตริย์

DÉCISION DE LA COUR SUPRÊME N° 1294/2521
Année : 1978 (BE 2521)
Relevant Code Sections: Criminal, Section(s) 112

RÉSUMÉ
A student who called out during the royal anthem at a public rally, and did not stand when everyone around him did, was convicted of insulting the King under Section 112 and sentenced to two years. The Supreme Court affirmed. It reasoned that the royal anthem is played to honour and pay respect to the King, that the audience understood it that way and stood accordingly, and that the defendant, being a teacher-training student, must have understood this better than an ordinary person. His words and his refusal to stand, taken together, showed an intention to insult.

FAITS DE L'AFFAIRE
At a public gathering at Sanam Luang one group was speaking about the price of rice and another, led by Mr Phan Wisut, was speaking against communism. The defendant was listening to the second group. When Mr Phan closed the session and played a recording of the royal anthem, everyone listening stood at attention. While the anthem was still playing the defendant, a student at Suan Sunandha Teachers' College, called out "Hey, what song is this, I cannot make sense of it" and did not stand as the others did. He was prosecuted under Penal Code Section 112 and denied the charge. The Court of First Instance convicted him and imposed two years' imprisonment, the Court of Appeal affirmed, and he appealed to the Supreme Court on a question of law.

DÉCISION DU TRIBUNAL
La Cour suprême a statué que tout comportement irrespectueux pendant l'hymne royal, notamment les commentaires perturbateurs et le fait de ne pas se tenir correctement, constitue un délit de lèse-majesté au sens de l'article 112. Cette décision établit que l'article 112 protège non seulement contre la diffamation verbale de la monarchie, mais aussi contre tout comportement irrespectueux envers l'institution royale.

ANALYSE JURIDIQUE
The Court did not rest on the words alone or on the failure to stand alone. It built the finding of intent out of the setting. The royal anthem is played at royal ceremonies and at other functions specifically to honour and pay respect to the King, and in this case the people listening to the speeches understood the recording, when it was played, as paying respect to the reigning King. Their own conduct proved that they understood it: every one of them stood. That shared understanding is what made the defendant's conduct legible as an insult rather than as inattention.

The defendant's knowledge was then fixed above the ordinary standard rather than at it. He was a student at Suan Sunandha Teachers' College, and the Court reasoned that such a student must know and understand these things better than an ordinary member of the public. So the question was not whether a reasonable person would have realised what the anthem signified, but whether this defendant could have failed to.

On that footing the two acts were read together: remaining seated while everyone around him stood, and calling out while the anthem was still playing. Intent was inferred from conduct in a context the audience had already demonstrated it understood, and not from anything the defendant said about his own state of mind. The appeal reached the Supreme Court on a question of law alone, so the facts found below were fixed, and the sentence of two years was affirmed.

IMPLICATIONS PRATIQUES
Section 112 reaches conduct, not only words. The defendant stayed seated while everyone around him stood for the royal anthem and called out that he could not make sense of what was being played, and the Court took the two together as showing an intention to insult the King. Nothing in the case turns on dealings with state officials. Read the date before relying on the sentence: the punishment here was two years, while Section 112 as it now stands carries three to fifteen, so this decision is authority on what the section covers and not on what it costs.

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Note : Ceci est un résumé en anglais du jugement original thaïlandais.
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