Article 340Vol en bande organisée

Firm annotation

Gang-robbery under Section 340 is the aggravated group form of robbery under Section 339: it requires that robbery be committed jointly by three or more persons, and carries ten to fifteen years with a fine of 200,000 to 300,000 baht. Paragraph two adds a weapon-based aggravation where any one of the offenders carries a weapon, raising the range to twelve to twenty years. Three further tiers follow: imprisonment for life or fifteen to twenty years where the gang-robbery causes grievous bodily harm; the same range where it is committed with acts of cruelty causing harm to the body or mind of another person, by shooting with a gun, by using an explosive or by torture; and death where it causes the death of another person. The weapon element is satisfied by carrying a weapon that is ready to be used in the offence, even if it is not actually used, because the law aims to deter escalation to serious harm. Section 340 ter provides an additional one-half enhancement for robbery or gang-robbery committed while wearing or faking a military or police uniform, while carrying or using a firearm or an explosive, or by using a vehicle. The heavy penalty bands reflect both the collective nature of the offence and the danger of violence.