Article 148Extorsion par un agent public (abus de pouvoir)

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4789/2565 (2022)

   Where officials make an unlawful arrest and then extract money, the conduct is not bribery under Section 149 but abuse of official power to coerce a benefit under Section 148; however, a court cannot convict under Section 148 when the prosecution did not charge that offence.

   Because the arrest was unlawful, the later demand for money could not be bribery under Section 149. The Supreme Court held the conduct fell under Section 148 as abuse of office to coerce a benefit, but since the prosecution had not charged Section 148, no conviction on that count was possible.

2. Arrêt de la Cour suprême n° 4594/2565 (2022)

   The person coerced or induced under Section 148 must be someone other than a co-offender; where the payer had joined in committing the offence with the defendant, there is no coercion of another person and the conduct lacks an element of Section 148.

   The Supreme Court held that because the person who provided the benefit was a participant in the offence, the defendant had not coerced or induced another person, so an element of Section 148 was missing. The defendant was instead dealt with under the general malfeasance provision.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.