Section 106 — Supporter of petty offence not punished
English translation
A supporter in the commission of a petty offence shall not be punished.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 106 is the third exception in the petty-offences chapter and modifies the general rule in Section 86, under which a supporter (ผู้สนับสนุน) of an offence is punished at two-thirds of the penalty for the principal. For petty offences the Code removes support liability entirely: only the person who commits the petty offence as a principal can be punished, while an aider or abettor goes free. The provision must be read alongside Section 105, which likewise removes attempt liability, so that for this minor class of offence both the accessory forms of participation and the inchoate stage of attempt fall away.
Why this matters in practice
This matters most where several people are charged together but only one actually performed the act. If the underlying offence is properly classified as a petty offence, anyone who merely helped, encouraged or facilitated it should not be convicted, and defence counsel should argue their client's role was support rather than that of a principal. The distinction is fact-sensitive: the more directly a person carried out the wrongful act, the more likely they are treated as a principal who remains liable, whereas true accessories to a petty offence escape punishment under Section 106.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 4947/2531 (1988)
A person who merely supports the commission of a petty offence is not liable to punishment under Section 106.
The injured person suffered only bruising to one side of the face, with an estimated seven days to heal, which was held not to amount to harm to body or mind under Section 295. The act therefore constituted only the petty offence in Section 391. Because the defendant was merely a supporter of that petty offence, he was not liable to punishment under Section 106.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is helping someone commit a petty offence a crime in Thailand?
No. Under Section 106 a supporter or accessory in a petty offence is not punished. Only the principal who actually commits the petty offence can be held liable.
How does Section 106 differ from the general rule on supporters?
The general rule in Section 86 punishes a supporter at two-thirds of the principal's penalty, but Section 106 removes that liability entirely for petty offences.