Section 115 — Inciting soldiers or police to desert
English translation
Whoever incites a soldier or police officer to desert the service or to neglect the performance of his duty shall be punished with imprisonment not exceeding five years. If such offence is committed in time of combat or war, the offender shall be punished with imprisonment not exceeding ten years.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 115 sits within the title on offences against the internal security of the Kingdom and protects the reliability of the armed forces and police. The offence consists of inciting (ยุยง) a soldier or police officer either to desert the service or to neglect their duty. The basic penalty is imprisonment not exceeding five years, aggravated to not exceeding ten years where the act is committed in time of combat or war. Unlike the insurrection offences in Sections 113 and 114, this section does not require any use of force; it targets the act of subverting military or police discipline through incitement.
Why this matters in practice
The penalty exposure is up to five years, or up to ten years if committed in time of combat or war, so the wartime context is a significant aggravating factor. The offence turns on proving an act of incitement aimed at a soldier or police officer in connection with their service or duty. A general amnesty is not a safe shield: the courts have held that an amnesty statute covers only the specific acts it names, so a defendant cannot rely on an unrelated amnesty to escape liability under this section.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 304/2503 (1960)
Inciting soldiers in a way that undermines the discipline and efficiency of military units is an offence under Section 115, and a defendant cannot invoke an amnesty statute that covers only a different, specified event.
The defendant spoke words inciting soldiers to rebel, aiming to undermine the discipline and efficiency of the military units, which the court held to be an offence under Section 115. His argument that the conduct fell under an amnesty statute for those who seized state power on a particular date was rejected, because that amnesty applied only to the specific seizure of power it named.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What conduct does Section 115 cover?
It covers inciting a soldier or police officer to desert the service or to neglect their duty, punishable by up to five years imprisonment, or up to ten years if done in time of combat or war.
Can a general amnesty excuse an offence under Section 115?
Not automatically. The courts have held that an amnesty statute applies only to the specific acts it names, so an unrelated amnesty cannot be invoked to avoid liability under this section.