Book 1: General Provisions ภาค ๑: บทบัญญัติทั่วไป

In this Code:
(1) "Dishonestly" means to acquire any advantage, for oneself or for another person, to which one is not entitled by law;
(2) "Public way" means any land or waterway used by the public for the purpose of traffic, including railways and tramways;
(3) "Public place" means any place to which the public has a right of access;
(4) "Dwelling place" means any place used as a dwelling, such as a house, building, boat or raft where people reside, and includes the compound of such place, whether or not enclosed by a fence;
(5) "Weapon" includes any thing which is not a weapon by its nature but which has been used or intended to be used to cause grievous bodily harm;
(6) "Use of force" means doing any act of violence against the body or mind of a person, whether by the use of physical force or by any other means, and includes any act which causes a person to be in a state of being unable to resist, whether by administering intoxicants, by hypnosis, or by any other similar means;
(7) "Document" means any paper or other thing on which a meaning is expressed by letters, figures, drawings or any other design, whether by printing, photographing or any other means, which can serve as evidence of such meaning;
(8) "Official document" means a document which a public officer has drawn up or certified in the exercise of his functions, and includes copies of such documents certified by a public officer;
(9) "Document of right" means a document which serves as evidence of the creation, transfer, modification, reservation or extinction of a right;
(10) "Signature" includes a fingerprint or mark affixed by a person in lieu of his signature;
(11) "Night-time" means the period between sunset and sunrise;
(12) "Custody" means taking into custody, detention, confinement, imprisonment or incarceration;
(13) "Ransom" means property or any benefit demanded or given in exchange for the liberty of a person who has been taken away, detained or confined;
(14) "Electronic card" means:
(a) A document or any other thing of any form issued by an issuer to a person entitled to use it, whether identified by name or not, by recording data or a code by the application of electronic, electrical, electromagnetic or any other similar method, including data stored as a code in a card or device for withdrawal of cash, transfer of payment, purchase of goods or services through an electronic system, or for use as a tool to access a computer system;
(b) Data, code, account number, electronic serial number or any numerical instrument issued by an issuer to a person entitled to use it, without issuing a document or any other thing, but having the same method of use as (a); or
(c) Any other thing used in conjunction with electronic data to identify the user.
(15) "Passport" means an identification document of any form issued by the Thai Government, a foreign government, or an international organization to any person for use as identification in international travel.
(16) "Sexual organ" includes a sexual organ obtained through sex reassignment surgery.
(17) [Reserved]
(18) "Sexual intercourse" means an act to satisfy the desire of the doer by penetrating the sexual organ, anus, or mouth of another person with the doer's sexual organ, or by penetrating the sexual organ or anus of another person with any other thing.
(19) "Sexual harassment" means any act by words, gestures, communications, obscene material, or by any other means of a sexually harassing nature that causes the victim to feel unsafe, annoyed, or embarrassed.

A person shall be liable to criminal punishment only when the act done by such person is provided to be an offence and the punishment is defined by the law in force at the time of the doing of such act, and the punishment to be inflicted upon the offender shall be that provided by the law.
If, according to the provisions of the law provided later, such act is no longer an offence, the person who did such act shall be relieved from being an offender; and if there is a final judgment imposing the punishment, it shall be deemed that such person has never been convicted by the judgment for having committed such offence. If the punishment is being undergone, the execution of such punishment shall terminate.

If the law in force at the time of the commission of an offence is different from the law in force at a subsequent time, the law which is the most favorable to the offender shall apply, except where the case has been decided by a final judgment, in which case:
(1) If the offender has not yet undergone the punishment or is undergoing the punishment, and the punishment determined by the judgment is heavier than the maximum punishment under the law provided later, the Court may, if it thinks fit, determine the punishment anew according to the law provided later. In such case, the punishment under the original judgment which has already been undergone shall be deemed the punishment under the new judgment.
(2) If the Court has sentenced the offender to death and, according to the law provided later, the maximum punishment for such offence has been changed to another kind, the death sentence under the judgment shall be deemed to have been changed to the maximum punishment prescribed by the law provided later for such offence.

Whoever commits an offence within the Kingdom shall be punished according to the law.
The commission of an offence on board a Thai vessel or Thai aircraft, wherever it may be, shall be deemed to have been committed within the Kingdom.

Whenever any part of an offence is committed within the Kingdom, or the consequence of the commission occurs within the Kingdom as intended by the offender, or by the nature of the act the consequence should occur within the Kingdom, or it could be foreseen that the consequence would occur within the Kingdom, such offence shall be deemed to have been committed within the Kingdom.
In the case of preparation or attempt to commit any act which the law provides to be an offence, even though done outside the Kingdom, if had it been carried through the consequence would have occurred within the Kingdom, such preparation or attempt shall be deemed to have been committed within the Kingdom.

For any offence committed within the Kingdom, any person who commits it as a co-principal, an instigator or a supporter, even though such act is done outside the Kingdom, shall be punished as though the act were done within the Kingdom.

Whoever commits any of the following offences outside the Kingdom shall be punished within the Kingdom:
(1) Offences relating to the security of the Kingdom as provided in Sections 107 to 129;
(1/1) Offences relating to terrorism as provided in Sections 135/1, 135/2, 135/3 and 135/4;
(2) Offences relating to counterfeiting and alteration as provided in Sections 240 to 249, Section 254 and Section 256;
(2/1) Offences relating to electronic cards as provided in Sections 269/1 to 269/7;
(3) Offences relating to sexuality as provided in Sections 282 and 283;
(4) Offences of robbery under Section 339 and gang-robbery under Section 340 committed on the high seas.

Whoever commits an offence outside the Kingdom, and:
(a) The offender is Thai and the Government of the country where the offence was committed or the injured person requests the punishment; or
(b) The offender is an alien and the Thai Government or a Thai national is the injured person and the injured person requests the punishment;
If such offence is one of the following, the offender shall be punished within the Kingdom:
(1) Offences causing public dangers as provided in Sections 217 to 224;
(2) Offences relating to documents as provided in Sections 264 to 268;
(3) Offences relating to sexuality as provided in Sections 276 to 285;
(4) Offences against life as provided in Sections 288 to 290;
(5) Offences against body as provided in Sections 295 to 298;
(6) Offences of abandonment of children, sick persons or aged persons as provided in Sections 306 to 308;
(7) Offences against liberty as provided in Sections 309 to 320;
(8) Offences of theft and snatching as provided in Sections 334 to 336;
(9) Offences of extortion, blackmail, robbery and gang-robbery as provided in Sections 337 to 340;
(10) Offences of cheating and fraud as provided in Sections 341 to 344;
(11) Offences of misappropriation as provided in Sections 352 to 354;
(12) Offences of receiving stolen property as provided in Section 357;
(13) Offences of mischief as provided in Sections 358 to 360.

In the case where the offender is a Thai official and has committed any of the offences provided in Sections 147 to 166 and Sections 200 to 205 outside the Kingdom, the offender shall be punished within the Kingdom.

Whoever commits an offence within the Kingdom or commits an offence which this Code deems to have been committed within the Kingdom, if there is a final judgment of a foreign court in respect of such act acquitting the person, such person shall not be prosecuted again within the Kingdom. But if the final judgment of the foreign court convicts such person, such person may be prosecuted within the Kingdom, but the Court shall take into account the punishment already undergone abroad. If the offender has already undergone the full punishment for such act according to the judgment of the foreign court, the Court may impose a punishment less than that provided by law for such offence to any extent, or may not impose any punishment at all.

Whoever commits an offence outside the Kingdom and is to be punished within the Kingdom as provided in Section 7, Section 8 or Section 9, if there is a judgment of a foreign court in respect of such act:
(1) If the final judgment acquits such person, such person shall not be prosecuted again within the Kingdom;
(2) If the final judgment convicts such person and such person has undergone the full punishment, such person shall not be prosecuted again within the Kingdom;
(3) If the final judgment convicts such person but such person has not undergone the punishment or has undergone only part thereof, such person may be prosecuted within the Kingdom, but if such person has undergone part of the punishment under the judgment of the foreign court, the Court may impose a punishment less than that provided by law for such offence to any extent, or may not impose any punishment at all.
A Thai national who commits an offence outside the Kingdom and has been prosecuted in a foreign court at the request of the Thai Government, if the final judgment acquits such person, or if such person has undergone the full punishment under the judgment, such person shall not be prosecuted again within the Kingdom.

Measures of safety shall be applied to a person only when there are provisions of law authorizing such application, and the law to be applied shall be the law in force at the time when the Court renders the judgment.

If, according to the law provided later, the measure of safety which has been applied is no longer provided by the law, the Court may, when it thinks fit or upon the request of the person subjected to such measure, revoke the application of such measure of safety.

If, according to the law provided later, the conditions of the measure of safety have been changed, the Court may, when it thinks fit or upon the request of an interested party, revoke or modify the measure of safety according to the law provided later, if it is more favorable to the person subjected to such measure.

If, according to the law provided later, any punishment is changed to a measure of safety, the punishment already inflicted shall be deemed a measure of safety. For a person who has not yet undergone the punishment or is undergoing it, the Court may order the application of the measure of safety in place of such punishment. In the case where the conditions have changed so as to enable the revocation of the measure of safety, the Court may revoke it.

When the Court thinks fit, the Court may revoke or suspend the application of a measure of safety when the circumstances have subsequently changed.

The provisions of Book 1 of this Code shall apply to all cases of offences under other laws, unless such other laws otherwise provide.

The punishments to be inflicted upon offenders are as follows:
(1) Death;
(2) Imprisonment;
(3) Confinement;
(4) Fine;
(5) Forfeiture of property.
Capital punishment and life imprisonment shall not be applied to a person who committed the offence when under eighteen years of age.
In the case where a person who committed the offence when under eighteen years of age has committed an offence punishable by death or life imprisonment, such punishment shall be deemed to have been changed to imprisonment for fifty years.

Any person who is sentenced to death shall be executed by lethal injection.
The rules and procedures for execution shall be in accordance with the regulations prescribed by the Ministry of Justice and published in the Government Gazette.

In the case where the law prescribes both imprisonment and a fine, the Court may, if it thinks fit, impose only the punishment of imprisonment.

In calculating the period of imprisonment, each day shall be counted as one unit. If expressed in months, thirty days shall constitute one month. If expressed in years, it shall be calculated according to the calendar year.
The prisoner shall be released on the day following the day on which the period of imprisonment expires.

Imprisonment shall begin on the day on which the judgment is passed. But if the convicted person was held in custody prior to the judgment, the days of such custody shall be deducted from the period of imprisonment under the judgment, unless the judgment otherwise provides.
In the case where the convicted person was held in custody prior to the judgment, the Court shall order the deduction of such days of custody, but the total number of days deducted and the period of imprisonment under the judgment shall not exceed the maximum punishment prescribed for such offence.

Whoever commits an offence punishable by imprisonment and the Court would impose imprisonment not exceeding three months, if it does not appear that such person has previously been imprisoned, or if it appears that such person was previously imprisoned but only for an offence committed by negligence or a petty offence, the Court may sentence such person to confinement not exceeding three months in lieu of such imprisonment.

Any person who is sentenced to confinement shall be confined in a place of confinement designated for such purpose, which is not a prison, a police station, or a place for the detention of the accused by an inquiry official.
In the case where the Court thinks fit, the Court may order the confinement of such person at his own dwelling or at the dwelling of another person who consents to receive him. If the Court thinks it necessary for the prevention of escape, the Court may prescribe any conditions.

A person who is confined shall receive maintenance from the place of confinement but may purchase food from outside for his own consumption, may wear his own clothes, shall receive visitors at a reasonable time and not less than one hour per day, and may send and receive correspondence. Such person must, however, perform work according to the rules and regulations of the place of confinement, or may choose to do other work approved by the place of confinement.

A person who is confined at his own dwelling may continue to carry on his profession or occupation, but the Court may prescribe conditions relating to the acts or activities that are permitted.

If the confined person violates the rules or regulations of the place of confinement, or violates the conditions prescribed by the Court, or is sentenced to imprisonment, the Court may order the conversion of the confinement to imprisonment for a period equal to the remaining period of confinement.

Any person who is sentenced to a fine shall pay the amount determined by the judgment to the Court.

Any person who is sentenced to a fine and does not pay the fine within thirty days from the date of the judgment shall have his property seized for payment of the fine, or shall be confined in lieu of the fine.
But if the Court thinks there is a reasonable cause, the Court may order the person to furnish security or may order confinement in lieu of the fine before the expiration of the said period, if there is reason to believe that such person will evade payment of the fine.
The provisions of Section 24 shall not apply to confinement in lieu of a fine.

Confinement in lieu of a fine shall be at the rate of two hundred Baht per day, and in no case shall it exceed one year. However, in the case where the Court sentences the person to a fine of eighty thousand Baht or more, the Court may order confinement in lieu of the fine for a period exceeding one year but not exceeding two years.
If the person sentenced to a fine was held in custody prior to the judgment, the number of days of such custody shall be deducted from the amount of the fine at the said rate. In the case where the Court sentences the person to both imprisonment and a fine, the days of custody shall first be deducted from the imprisonment under Section 22, and the remainder shall be deducted from the fine.

In the case where the Court sentences the person to a fine not exceeding eighty thousand Baht, if the person sentenced cannot afford to pay the fine and is not a juristic person, such person may file a petition to the Court of First Instance which rendered the judgment to request to perform community service or work for the public benefit in lieu of the fine.
Upon receiving the petition, the Court shall consider the financial status, record, and nature of the offence of the person sentenced. If the Court thinks fit, it may order such person to perform community service or work for the public benefit in lieu of the fine.
In granting the order, the Court shall determine the type of work, the supervisor, the period, and other conditions as the Court thinks fit, taking into account the sex, age, record, health, religion, conduct, intelligence, education, and mental condition of such person.

If, after the Court has granted the order under Section 30/1, the person sentenced has sufficient funds to pay the fine, or violates or fails to comply with the conditions prescribed by the Court, the Court may revoke the order and direct the person to pay the fine or be confined in lieu of the fine. In such case, the number of days of community service or work for the public benefit already performed shall be deducted from the amount of the fine, and one day of work shall be deemed equivalent to a fine of two hundred Baht per day.

The orders of the Court under Section 30/1 and Section 30/2 shall be final.

In the case where the Court sentences several offenders to a fine for the same offence and in the same case, the Court shall impose the fine on each offender individually.

Any property which the law provides that any person making it or having it in possession commits an offence, shall be forfeited entirely, irrespective of whether it belongs to the offender and whether there is any person punished by the judgment or not.

For the forfeiture of property, besides the power to forfeit under the law as specifically provided, the Court shall also have the power to order the forfeiture of the following property:
(1) Property which a person has used or possessed for use in the commission of an offence; or
(2) Property which a person has acquired through the commission of an offence;
Unless such property belongs to another person who was not involved in the commission of the offence.

All property:
(1) Which has been given under Section 143, Section 144, Section 149, Section 150, Section 167, Section 201 or Section 202; or
(2) Which has been given for the purpose of inducing a person to commit an offence or as a reward for the commission of an offence;
Shall be forfeited entirely, unless such property belongs to another person who was not involved in the commission of the offence.

Property forfeited by the judgment of the Court shall vest in the State, or the Court may order it to be destroyed or rendered useless.

In the case where the Court has ordered the forfeiture of property under Section 33 or Section 34, if it later appears upon the application of the real owner that the real owner was not involved in the commission of the offence, the Court shall order the return of such property if it is still in the possession of the official.
But the application of the real owner must be made to the Court within one year from the date of the final judgment.

If the person ordered by the Court to deliver the forfeited property does not deliver it within the time determined by the Court, the Court shall have the power to order as follows:
(1) Seizure of such property;
(2) Payment of its value, or seizure of other property of such person to compensate for its value;
(3) In the case where the Court is of the opinion that such person can deliver the property but does not do so, or can pay its value but does not pay, the Court may confine such person until compliance, but not exceeding one year. However, if it later appears to the Court itself or upon the application of such person that such person cannot deliver the property or pay its value, the Court may order the release of such person before the expiration of such period.

The punishment shall terminate upon the death of the offender.

The measures of safety are as follows:
(1) Relegation;
(2) Prohibition from entering a specified area;
(3) Execution of a bond for keeping the peace;
(4) Restraint in a treatment institution;
(5) Prohibition from exercising certain occupations.

Relegation means the confinement of a habitual offender within a specified area for the purpose of prevention of the commission of offences, for the reformation of character, and for occupational training.

Whoever has previously been sentenced by the Court to relegation, or has previously been imprisoned for not less than six months at least twice for any of the following offences: offences relating to public peace, offences causing public dangers, offences relating to currency, offences relating to sexuality, offences against life, offences against body, offences against liberty, or offences against property, and within ten years such person commits any of such offences again and the Court would sentence such person to imprisonment of not less than six months, the Court may deem such person to be a habitual offender and may sentence such person to relegation for a period of not less than three years and not more than ten years in lieu of imprisonment.
Offences committed before the offender reached the age of seventeen years shall not be taken into consideration.

In calculating the period of relegation, it shall be counted from the date of the judgment. If there is imprisonment to be undergone before relegation, the imprisonment shall be served first, and relegation shall commence from the day following the date of release from imprisonment.
The provisions of Section 21 shall apply mutatis mutandis.

The prosecution for relegation shall be the exclusive power of the Public Prosecutor, and such prosecution may be made together with the case for which relegation is sought.

Prohibition from entering a specified area means the prohibition from entering the locality or place specified in the judgment.

When the Court sentences any person, if the Court is of the opinion that the release of such person would cause harm in any locality or place, the Court may prohibit such person from entering such locality or place for a period not exceeding five years from the date of release from punishment.

When there is a reasonable cause to believe that any person will cause harm or danger to other persons or the property of others, the Court may order such person to execute a bond in an amount not exceeding five thousand Baht for a period not exceeding two years.
If such person refuses to execute the bond, the Court may order confinement until the bond is executed, but not exceeding six months, or the Court may order prohibition from entering a specified area instead.
The provisions of the first paragraph shall not apply to a person under eighteen years of age.

If the person who has executed a bond violates the conditions of the bond, the Court shall order such person to pay an amount not exceeding the amount specified in the bond. In the case where such person does not pay, the provisions of Sections 29 and 30 shall apply mutatis mutandis.

If the Court is of the opinion that the release of a person with a mental deficiency, mental disease, or mental infirmity would endanger public safety, the Court may order such person to be placed under restraint in a treatment institution, and such person shall remain under restraint until the Court orders otherwise.

If the offence committed is related to the consumption of alcohol or narcotics, the Court may prescribe conditions to control the conduct of the convicted person by prohibiting the consumption of alcohol or narcotics during imprisonment or after release, for a period not exceeding two years.
If such person violates the conditions, the Court may order restraint in a treatment institution for a period not exceeding two years.

If the offence committed was one in which the offender exploited the opportunity afforded by his occupation, profession, or the performance of his duties, the Court may prohibit the exercise of such occupation, profession, or performance of duties for a period not exceeding five years from the date of release from punishment.

In increasing the punishment, it shall not be increased to death, life imprisonment, or imprisonment exceeding fifty years.

In reducing the death penalty, whether it is a reduction of the scale of punishment or a reduction of the punishment to be inflicted, it shall be reduced as follows:
(1) If the reduction is by one-third, it shall be reduced to life imprisonment;
(2) If the reduction is by one-half, it shall be reduced to life imprisonment or to imprisonment of twenty-five to fifty years.

In reducing life imprisonment, whether it is a reduction of the scale of punishment or a reduction of the punishment to be inflicted, life imprisonment shall be converted to imprisonment of fifty years.

In calculating the increase or reduction of punishment, the Court shall first determine the base punishment to be inflicted on the accused, and then increase or reduce it. If there is both an increase and a reduction, the punishment shall be increased first and then reduced from the increased result. If the proportion of the increase is equal to or more than the proportion of the reduction, the Court may neither increase nor reduce the punishment.

If the imprisonment to be inflicted on the offender is only three months or less, the Court may reduce such imprisonment further. If the offender is to be imprisoned for only three months or less and also fined, the Court may reduce the imprisonment, or may exempt the imprisonment and impose only the fine.

Whoever commits an offence punishable by imprisonment and in such case the Court would impose imprisonment not exceeding three years, if it does not appear that such person has previously been imprisoned, or it appears that such person was previously imprisoned but only for an offence committed by negligence or a petty offence, the Court, having regard to the age, record, conduct, intelligence, education, health, mental condition, character, occupation, and environment of such person, or the nature of the offence, or other appropriate circumstances, may, if it thinks fit, pass judgment finding such person guilty but suspend the determination of punishment, or determine the punishment but suspend its execution, and release such person to give the opportunity for reform within a period determined by the Court, which shall not exceed five years from the date of the judgment, with or without conditions to control the conduct of such person.
The conditions to control the conduct of the offender may include one or more of the following:
(1) To report to a designated officer from time to time for inquiry, advice, assistance, or admonishment regarding conduct and occupation;
(2) To undergo training or engage in a regular occupation;
(3) To refrain from association or conduct which may lead to the commission of a similar offence;
(4) To undergo treatment for drug addiction, physical or mental deficiency, or other illness at a place and for a period determined by the Court;
(5) Other conditions as the Court thinks fit to prescribe for the correction, rehabilitation, or prevention of the offender from committing further offences.
The Court may modify, supplement, or revoke any of the above conditions when the Court thinks fit or upon the request of the offender.

When an offender fails to comply with the conditions specified in Section 56, the Court may admonish the offender, or determine the punishment in the case where the Court has not yet determined it, or impose the punishment in the case where the Court has determined it but suspended its execution.

When it appears to the Court that, within the period determined by the Court under Section 56, the person sentenced has committed an offence which is not an offence committed by negligence or a petty offence, and the Court sentences such person to imprisonment for such offence, the Court which tries the subsequent case shall also determine the punishment which was suspended, or enforce the punishment which was suspended, in the previous case, unless the imprisonment in the subsequent case is also suspended.
If, within the period determined by the Court under Section 56, the person sentenced has not committed such an offence, such person shall be released from the punishment which was determined or the punishment which was suspended.

A person shall be criminally liable only when committing an act intentionally, except when committing an act by negligence in a case where the law provides that such person must be liable when acting by negligence, or except in a case where the law clearly provides that such person must be liable even when not acting intentionally.
To commit an act intentionally means to do an act consciously and at the same time the doer desires or could have foreseen the consequence of such act.
If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the consequence of such act.
To commit an act by negligence means to commit an offence unintentionally but without exercising such care as might be expected of a person in such circumstances and condition, and the doer could have exercised such care but did not do so sufficiently.
An act shall include any consequence brought about by the omission of an act which must be done in order to prevent such consequence.

Whoever intends to commit an act against one person but the consequence of the act befalls another person by mistake, the offender shall be deemed to have committed the act intentionally against the person who received the harmful consequence. But in the case where the law provides for a heavier punishment on account of the status of the person or the relationship between the offender and the person receiving the harmful consequence, such law shall not be applied to impose a heavier punishment on the offender.

Whenever any person intends to commit an act against one person but commits such act against another person by mistake of identity, such person may not raise the mistake as a defense that the act was not committed intentionally.

If any fact, were it to exist, would render the act not an offence, or would exempt the offender from punishment, or would render the offender liable to a lesser punishment, even though such fact does not actually exist but the offender mistakenly believes it to exist, the offender shall not be guilty, or shall be exempt from punishment, or shall receive a lesser punishment, as the case may be.
If the ignorance of the facts referred to in the first paragraph was due to the negligence of the offender, the offender shall be liable for negligence in the case where the law specifically provides that the offender shall be punished even when acting by negligence.
For a person to receive a heavier punishment on account of any fact, such person must have known such fact.

If the consequence of the commission of an offence causes the offender to receive a heavier punishment, such consequence must be one that could ordinarily be expected to occur.

A person may not raise ignorance of the law as a defense to escape criminal liability. But if the Court is of the opinion that, according to the circumstances and conditions, the offender might not have known that the law provides the act to be an offence, the Court may allow evidence to be presented, and if the Court believes that the offender did not know of such provision of the law, the Court may impose a punishment less than that provided by law for such offence to any extent.

Whoever commits an offence while unable to appreciate the nature or illegality of the act, or unable to control himself, owing to a deficiency of mind, mental disease, or mental infirmity, shall not be punished for such offence.
But if the offender is still partially able to appreciate the nature or illegality of the act, or still partially able to control himself, the offender shall be punished for such offence, but the Court may impose a punishment less than that provided by law for such offence to any extent.

Intoxication caused by the consumption of alcohol or other intoxicants may not be raised as a defense under Section 65, unless such intoxication was caused without the knowledge or against the will of the offender, and the offender was intoxicated to the extent of being unable to appreciate the nature or illegality of the act or unable to control himself, in which case the offender shall be exempt from punishment.
But if the offender was still partially able to appreciate the nature or illegality of the act or still partially able to control himself, the Court may impose a punishment less than that provided by law for such offence to any extent.

Whoever commits an offence out of necessity:
(1) Because of being under compulsion or under a power which cannot be avoided or resisted; or
(2) Because of the need to save oneself or another person from an imminent danger which cannot be averted by other means, provided that such danger was not caused by the fault of the offender;
Shall not be punished.
The act done must not be beyond what is reasonable under the circumstances. If it is beyond what is reasonable, the Court may impose a punishment less than that provided by law for such offence to any extent.

Whoever is compelled to commit an act in order to defend his own or another person's right against an imminent danger arising from an unlawful attack, if the act is reasonably committed under the circumstances, such act is a lawful defense, and the person shall not be guilty of an offence.

In the cases provided in Sections 67 and 68, if the offender has acted beyond what is reasonable under the circumstances, or beyond what the necessity requires, or beyond what is necessary for the defense, the Court may impose a punishment less than that provided by law for such offence to any extent. But if the act was committed out of excitement, fright, or fear, the Court may not impose any punishment at all.

Whoever commits an act in compliance with an order of an official, even though such order is unlawful, if the person doing the act is duty-bound to comply, or believes in good faith that he is duty-bound to comply, shall not be punished, unless he knows that such order is unlawful.

For offences under Sections 334 to 336 paragraph one, Sections 341 to 344, Sections 352 to 354, Section 357, or Sections 358 to 360, if committed between spouses, the offender shall not be punished.
For the said offences in the first paragraph, if committed against an ascendant or descendant, or against a brother or sister of the same parents, the Court may impose a lesser punishment to any extent, and such offence shall be a compoundable offence.

Whoever commits an offence under provocation caused by a serious and unjust act of the victim, against such person at the time of the provocation, the Court may impose a punishment less than that provided by law for such offence to any extent.

A child not yet over twelve years of age who commits an act provided by law to be an offence shall not be punished.
The inquiry official shall deliver such child under the first paragraph to the competent official under the child protection law for the purpose of child welfare protection under such law.

A child over twelve but not yet over fifteen years of age who commits an act provided by law to be an offence shall not be punished, but the Court shall have the power to take the following actions:
(1) To admonish the child and release him, and if the Court thinks fit, may summon the father, mother, guardian, or the person with whom the child resides, to be admonished as well;
(2) If the Court thinks fit, the Court may deliver the child to the father, mother, guardian, or person with whom the child resides, with conditions requiring such person to watch over the child to prevent misbehavior for a period determined by the Court not exceeding three years, and to pay to the Court an amount not exceeding ten thousand Baht per occasion if the child misbehaves;
(3) If the Court is of the opinion that the father, mother, or guardian is unable to look after the child, the Court may deliver the child to another person or organization the Court thinks fit for the purpose of care and training for a period determined by the Court;
(4) To send the child to a school, training center, or institution established for the training and education of children for a period determined by the Court, but not beyond the time the child reaches eighteen years of age.

Whoever is over fifteen but under eighteen years of age and commits an act provided by law to be an offence, the Court shall consider the sense of responsibility and all other matters relating to such person in order to determine whether it is appropriate to impose a punishment.
If the Court thinks it is not appropriate to impose a punishment, the Court shall proceed in accordance with Section 74.
If the Court thinks it is appropriate to impose a punishment, the scale of punishment provided for such offence shall be reduced by one-half.

Whoever is eighteen years of age or over but not yet over twenty years of age and commits an act provided by law to be an offence, if the Court thinks fit, the Court may reduce the scale of punishment provided for such offence by one-third or one-half.

In the case where the Court has delivered a child or juvenile to a person or organization under Section 74 (2) or (3), if such person or organization fails to watch over the child or juvenile, the Court may order the payment of the amount specified, or may modify the conditions under Section 74.

Whenever there are extenuating circumstances, whether or not the punishment has been increased or reduced under the provisions of this Code or other laws, the Court may, if it thinks fit, reduce the punishment by not more than one-half of the punishment to be inflicted on the offender.
Extenuating circumstances include: the offender being of limited intelligence; being in severe distress; having a record of good conduct; being remorseful and having endeavored to mitigate the harmful consequences of the offence; having surrendered to the authorities; or having furnished useful information to the Court; or other circumstances which the Court considers to be of a similar nature.

In the case of an offence for which the law prescribes only a fine, if the offender pays the maximum fine for such offence before the Court begins hearing the evidence, the case shall be terminated.

Whoever commences the commission of an offence but does not carry it through, or carries it through but the act does not achieve its end, is said to have attempted to commit an offence.
Whoever attempts to commit an offence shall be liable to two-thirds of the punishment provided by law for such offence.

Whoever commits an act aimed at a result which is absolutely impossible to achieve, because of the means used or because of the object against which the act is directed, shall be deemed to have attempted to commit an offence, but the punishment shall not exceed one-half of that provided by law for such offence.
If the act described in the first paragraph results from a superstitious belief, the Court may not impose any punishment.

Whoever commences the commission of an offence but voluntarily desists from carrying it through, or voluntarily prevents the act from achieving its end, shall not be punished for the attempt to commit such offence. But if the act already committed constitutes another complete offence, the person shall be punished for such other offence.

Whenever an offence is committed by the act of two or more persons, each person who has committed the offence together shall be deemed a principal and shall be liable to the punishment provided by law for such offence.

Whoever causes another person to commit an offence, whether by employing, compelling, threatening, hiring, requesting, or instigating, or by any other means, shall be deemed an instigator.
If the person so employed commits the offence, the instigator shall be liable to the same punishment as a principal. If the offence is not committed, whether because the person employed refuses, has not yet acted, or for any other reason, the instigator shall be liable to only one-third of the punishment provided for such offence.

Whoever propagates or publishes to the general public to commit an offence punishable by imprisonment of not less than six months shall be liable to one-half of the punishment provided for such offence.
If the offence is committed as a result of such propagation or publication, the person who propagated or published shall be liable to the same punishment as a principal.

Whoever does anything to assist or facilitate the commission of an offence by another person before or at the time of the commission, even though the offender does not know of such assistance or facilitation, shall be deemed a supporter and shall be liable to two-thirds of the punishment provided for the offence so supported.

In the case of instigation, propagation or publication, or support in the commission of an offence, the instigator, propagator or publisher, or supporter shall be liable only to the punishment provided for the offence so instigated, propagated, published, or supported, even though the person instigated has acted beyond the scope of the instigation, or the offender has acted beyond the scope of the propagation, publication, or support.
But if the act beyond the scope could be foreseen as a consequence that would ordinarily occur, the instigator, propagator or publisher, or supporter shall also be liable for such consequence.
In the case where the offender is liable to a heavier punishment because of the consequence of the offence, the instigator, propagator or publisher, or supporter shall be liable to such heavier punishment only if he knew or ought to have known that such consequence would occur.

If the offence instigated, propagated, published, or supported has been commenced but has not been carried through, or has been carried through but has not achieved its end, because the instigator or supporter has intervened to prevent or has acted to prevent the completion, the instigator shall be liable under Section 84 paragraph two or Section 85 paragraph one, as the case may be, and the supporter shall not be punished.

If there are personal circumstances of any offender which constitute grounds for exemption from, reduction of, or increase of punishment, such circumstances shall apply only to such offender.
If there are circumstances relating to the nature of the offence which constitute grounds for exemption from, reduction of, or increase of punishment, such circumstances shall apply to all offenders.

When any single act constitutes an offence under several provisions of law, the provision which carries the heaviest punishment shall be applied to punish the offender.

When it appears that any person has committed several distinct offences, the Court shall impose punishment for each offence as separate counts. However, whether or not there is an increase, reduction, or reduction of the scale of punishment, the total imprisonment for all counts shall not exceed the following:
(1) Ten years, in the case where the most serious count carries a maximum imprisonment of not more than three years;
(2) Twenty years, in the case where the most serious count carries a maximum imprisonment exceeding three years but not more than ten years;
(3) Fifty years, in the case where the most serious count carries a maximum imprisonment exceeding ten years, unless the Court imposes life imprisonment.

Whoever has been convicted by a final judgment to imprisonment and, within five years from the date of release, commits another offence punishable by imprisonment, if the Court would sentence such person to imprisonment, the punishment shall be increased by one-third of the punishment determined by the Court for the subsequent offence.

Whoever has been convicted by a final judgment to imprisonment of not less than six months and commits an offence of the same category as the offence for which he was punished, while still undergoing punishment or within three years from the date of release, if the Court would sentence such person to imprisonment, the punishment shall be increased by one-half of the punishment determined by the Court for the subsequent offence.
Offences of the same category are offences falling under the same Title, as follows:
(1) Offences relating to the security of the Kingdom;
(2) Offences relating to public administration;
(3) Offences relating to justice;
(4) Offences relating to religion;
(5) Offences relating to public peace;
(6) Offences causing public dangers;
(7) Offences relating to counterfeiting and alteration;
(8) Offences relating to trade;
(9) Offences relating to sexuality;
(10) Offences against life and body;
(11) Offences against liberty and reputation;
(12) Offences against property;
(13) Offences relating to dead bodies;
(14) Petty offences.

Offences committed by negligence, petty offences, and offences committed by the offender when under eighteen years of age, whether the prior or subsequent offence, shall not be deemed offences for the purpose of increasing punishment under the provisions of this Chapter.

In a criminal case, if the offender is not prosecuted and brought before the Court within the following periods from the date of the commission of the offence, the prosecution shall be barred by prescription:
(1) Twenty years for an offence punishable by death, life imprisonment, or imprisonment of twenty years;
(2) Fifteen years for an offence punishable by imprisonment of more than seven years but less than twenty years;
(3) Ten years for an offence punishable by imprisonment of more than one year up to seven years;
(4) Five years for an offence punishable by imprisonment of more than one month up to one year;
(5) One year for an offence punishable by imprisonment of one month or less, or by any other punishment.
If the offender has been prosecuted and brought before the Court but absconds or becomes insane and the Court orders the suspension of the trial, the prosecution shall also be barred by prescription upon the expiration of the said period from the date of absconding or the date of the Court order suspending the trial.

Subject to Section 95, in the case of a compoundable offence, if the injured person does not file a complaint within three months from the date of knowing of the offence and the identity of the offender, the prosecution shall be barred by prescription.

The prosecution for relegation shall be barred by prescription of six months from the date of prosecution of the case for which relegation is sought.

When there is a final judgment sentencing any person, if the punishment is not executed within the following periods from the date of the final judgment, the execution of the punishment shall be barred by prescription and such person shall not be punished:
(1) Twenty years for the punishment of death, life imprisonment, or imprisonment of twenty years;
(2) Fifteen years for the punishment of imprisonment of more than seven years but less than twenty years;
(3) Ten years for the punishment of imprisonment of more than one year but not more than seven years;
(4) Five years for the punishment of imprisonment of one year or less, or any other punishment.

The seizure of property or confinement in lieu of a fine, if not carried out within five years from the date of the final judgment, shall be barred by prescription. But if confinement in lieu of a fine continues from imprisonment, this provision shall not apply.

Relegation, if not executed within three years from the date of release from punishment, the date on which the punishment was barred by prescription, or the date of escape during relegation, shall be barred by prescription.

A Court order for the execution of a bond, if not enforced within two years from the date of the order, shall be barred by prescription.
Enforcement under a bond, if not carried out within two years from the date of the breach of the bond, shall be barred by prescription.

A petty offence is an offence punishable by imprisonment not exceeding one month or a fine not exceeding ten thousand Baht, or both.

The provisions of Title 1 shall also apply to the case of petty offences, except as provided in the following three Sections.

Petty offences under this Code are punishable offences even when committed without intention, unless the provisions of such offence provide otherwise.

Whoever attempts to commit a petty offence shall not be punished.

A supporter in the commission of a petty offence shall not be punished.