Section 340/2 — Gang-robbery of religious property
traduction anglaise
Section 340 bis. If the gang-robbery is committed against property under Section 335 bis paragraph one, the offender shall be punished with imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht.
If that gang-robbery is also committed in a place as provided in Section 335 bis paragraph two, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht.
If, in the gang-robbery under paragraph one or paragraph two, even one of the offenders carries a weapon, the offender shall be punished with imprisonment for life, or imprisonment from fifteen years to twenty years.
If the gang-robbery under paragraph one or paragraph two causes another person to suffer grievous bodily harm, the offender shall be punished with imprisonment for life.
If the gang-robbery under paragraph one or paragraph two is committed by an act of cruelty causing another person to suffer bodily or mental harm, by shooting with a gun, by using an explosive, or by torture, the offender shall be punished with death or imprisonment for life.
If the gang-robbery under paragraph one or paragraph two causes another person to die, the offender shall be punished with death.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 340 bis sits in Book II, Title XII, Chapter II, and is the gang-robbery counterpart to the theft and robbery provisions in Sections 335 bis and 339 bis. Gang-robbery, defined in Section 340, is robbery committed jointly by three or more persons; this section applies that offence to the same protected class of religious property and raises the penalties accordingly. The tiers escalate from the base offence, to the same act in a protected location, to a tier triggered where even a single member of the group is armed, and then by resulting harm: grievous bodily harm, acts of cruelty or the use of guns, explosives or torture, and finally death. It is read together with Section 340 ter, which adds a further one-half increase where the offence is carried out under a disguise, with firearms or explosives, or using a vehicle.
Pourquoi cela est important en pratique
This is one of the gravest offences in the Code, with a ten-year minimum at the base tier and death as the maximum. A distinctive feature is the armed-offender tier: it is enough that any one member of the group carries a weapon for every participant to face life imprisonment or fifteen to twenty years. Gang-robbery is a non-compoundable public offence prosecuted by the state, and Section 340 ter can raise the penalty by a further one half. Given the exposure, anyone implicated should speak with a Thai lawyer immédiatement.
Foire aux questions
What counts as gang-robbery under Section 340/2?
Gang-robbery is robbery committed jointly by three or more persons, as defined in Section 340. Section 340 bis applies where the property taken is a Buddha image, religious object, or national heritage protected under Section 335 bis, and imposes higher penalties starting at ten to twenty years' imprisonment.
Does everyone face a heavier penalty if only one member is armed?
Yes. Under paragraph three, if even one of the offenders carries a weapon, the enhanced tier of life imprisonment or fifteen to twenty years applies to the offenders, reflecting the joint nature of gang-robbery.