Section 109 — Attempt against King, Queen or Heir
English translation
Whoever attempts to commit an act under Section 107 or Section 108 shall be punished in the same manner as one who commits the completed offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 109 is a special attempt provision that displaces the general rule in Sections 80 to 82, under which an attempt is normally punished at two-thirds of the completed penalty. For the gravest offences against the King, Queen and Heir-apparent in Sections 107 and 108, an attempt is treated exactly like the completed offence, so the full range of death or imprisonment for life applies even where the act was not carried through. This reflects the exceptional gravity the Code attaches to attacks on these persons and mirrors similar full-penalty attempt rules elsewhere in the security-of-the-Kingdom title.
Why this matters in practice
The practical effect is that there is no sentencing discount for stopping short of a completed attack: an attempt under Sections 107 or 108 carries the same death or life-imprisonment exposure as the completed offence. Defence therefore cannot rely on the usual attempt reduction and will instead focus on whether the conduct crossed from mere preparation into a punishable attempt, and on the identity of the person allegedly targeted. The extreme penalty makes early specialist criminal representation essential.
Frequently asked questions
Is an attempt under Sections 107 and 108 punished less severely?
No. Section 109 provides that an attempt to commit an offence under Section 107 or 108 is punished the same as the completed offence, with no reduction.
Why does Section 109 differ from the general attempt rule?
The general rule in Sections 80 to 82 reduces an attempt to two-thirds of the penalty, but Section 109 removes that reduction because of the exceptional gravity of these offences.