Whoever commits robbery jointly with three or more persons commits gang-robbery and shall be punished with imprisonment of ten to fifteen years and fined of two hundred thousand to three hundred thousand Baht.
If, in the commission of gang-robbery, any one of the offenders carries a weapon, the offender shall be punished with imprisonment of twelve to twenty years and fined of two hundred and forty thousand to four hundred thousand Baht.
The defendant robbed a convenience store while carrying a knife visibly tucked in his waistband, though he did not actually draw or use the knife during the robbery. The Supreme Court held that armed robbery under Section 340 is established when the offender carries a weapon during the commission of the robbery, regardless of whether the weapon is actually used or brandished. The mere display or possession of a weapon during a robbery creates an enhanced intimidation that elevates the offense. The victim and witnesses testified they saw the knife and feared for their lives, which the Court found sufficient to establish the aggravated offense.
Three defendants acted together to rob a gold shop, with one threatening the shop owner, another collecting the gold, and the third serving as lookout. The Supreme Court convicted all three of gang robbery under Section 340 bis. The Court held that gang robbery is established when three or more persons act together in the commission of a robbery. Each participant need not personally use force or carry weapons; it is sufficient that they act in concert pursuant to a common plan. The roles of each participant may differ, but all are equally liable as principals in the offense when they act as part of a joint enterprise.
The case addressed whether a co-defendant could be convicted under Section 339(2) for robbery with a weapon when unaware the other defendant carried a weapon. The Supreme Court determined both defendants jointly committed robbery with a weapon and used a motorcycle to transport stolen property. Criminal liability under Section 339(2) and Section 340 Ter was established regardless of the second defendant's claimed ignorance of the weapon, when both acted jointly in the robbery.
Disclaimer: The English translation is unofficial and for informational purposes only. The authoritative text is in Thai as published in the Royal Thai Government Gazette (Ratchakitchanubeksa).ข้อสงวนสิทธิ์: คำแปลภาษาอังกฤษเป็นคำแปลอย่างไม่เป็นทางการ เพื่อวัตถุประสงค์ในการให้ข้อมูลเท่านั้น ข้อความที่เป็นทางการเป็นภาษาไทยตามที่ประกาศในราชกิจจานุเบกษา