Section 134/2: Child accused questioning safeguards
Statutory text (Thai original)
ให้นำบทบัญญัติในมาตรา ๑๓๓ ทวิ
มาใช้บังคับโดยอนุโลมแก่การสอบสวนผู้ต้องหาที่เป็นเด็กอายุไม่เกินสิบแปดปี
English translation
The provisions of Section 133/2 shall apply mutatis mutandis to the investigation of an accused who is a child not exceeding eighteen years of age.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
This short bridging provision in Chapter 1 (Ordinary Inquiry) extends the child-protective questioning regime of Section 133/2 to accused children not exceeding eighteen years of age, applied mutatis mutandis. In practice it means a child accused is entitled to a child-suitable setting and, where applicable, the presence of a psychologist or social worker, a requested person, and a public prosecutor, subject to the qualifications the case law has drawn. Courts have read the two sections together to determine when those participants are required and when a child's failure to request them, or the nature of the offense, affects the analysis.
Why this matters in practice
If the accused is a child of eighteen or under, the family should know that the safeguards for child victims carry over to the child's own questioning, though the courts have held that in some offense types the presence of a psychologist, social worker, and prosecutor is not mandatory, especially where the child did not request them. Because the outcome turns on the offense and on what the child requested, it is wise to consult a Thai lawyer online before a child accused is questioned.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7827/2560 (2017)
For certain offenses, Section 134/2 read with Section 133/2 does not compel the presence of a psychologist or social worker and a public prosecutor when questioning a child accused, especially where the child did not request them; the statement is then lawful and admissible.
In a case of unlicensed production of a category-5 narcotic (kratom), the Court held the law did not require a psychologist or social worker and a prosecutor to join the questioning of the child accused under Section 134/2 with Section 133/2, and the child had not requested them, so the confession was lawful and admissible under Section 226.
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Supreme Court Judgment No. 3432/2557 (2014)
Where the offense is one for which the law does not require a psychologist or social worker and a public prosecutor to join the questioning of a child accused under Section 134/2 with Section 133/2, and the child did not want them, the questioning is lawful.
In an unlicensed street-racing offense, the Court held this was an offense for which the law did not require a psychologist or social worker and a prosecutor to attend the questioning of the child accused under Section 134/2 with Section 133/2, and the child declined a lawyer, social worker, prosecutor, and relatives, so the questioning was lawful.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 11 Supreme Court decisions (2004 to 2017)
Selected citing decisions
- Decision 7827/2560 (2017)
- Decision 7113/2559 (2016)
- Decision 3432/2557 (2014)
- Decision 3591/2553 (2010)
- Decision 1700/2548 (2005)
- Decision 6250/2547 (2004)
- Decision 7066/2554 (2011)
- Decision 2132/2548 (2005)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Thai Penal Code s. 83 8
- Thai Penal Code s. 75 7
- Section 133/2 6
- Thai Penal Code s. 33 6
- Thai Penal Code s. 78 6
- Thai Penal Code s. 32 4
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Do the child-protection questioning rules apply to a child suspect?
Yes. Section 134/2 applies the safeguards of Section 133/2 mutatis mutandis to the investigation of an accused who is a child not exceeding eighteen years of age.
Must a psychologist and prosecutor always attend a child suspect's questioning?
Not always. The Supreme Court has held that for certain offenses the law does not require a psychologist or social worker and a prosecutor to attend, particularly where the child did not request them, and the statement remains admissible.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Criminal Procedure Code, s. 134/2 (Thailand) -
Academic citation
Criminal Procedure Code (Thailand), s. 134/2. ThaiLawOnline, https://www.thailawonline.com/thai-criminal-procedure-code/section-134-2/ (accessed 11 August 2026). -
Thai citation
ป.วิ.อ. มาตรา 134/2 -
Permalink
https://www.thailawonline.com/thai-criminal-procedure-code/section-134-2/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-criminal-procedure-code/section-134-2/"><p>The provisions of Section 133/2 shall apply mutatis mutandis to the investigation of an accused who is a child not exceeding eighteen years of age.</p><footer>Criminal Procedure Code, s. 134/2 (Thailand) — <a href="https://www.thailawonline.com/thai-criminal-procedure-code/section-134-2/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.