Penal Code

Section 120 — Thai person waging war against Thailand

English translation

Whoever, being a Thai person, wages war or prepares to wage war against Thailand, or acts as an accomplice of the enemy to oppose the Kingdom, shall be liable to death or imprisonment for life.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Section 120 sits in the chapter on external security and is confined to Thai nationals, making nationality itself an element of the offence. It reaches three forms of conduct: waging war against Thailand, preparing to wage such war, and acting as an accomplice of the enemy against the Kingdom. By expressly criminalising preparation, it advances the point of completed liability well before actual hostilities. It carries death or life imprisonment, mirroring the gravity of Section 119.

Why this matters in practice

The offence applies only to Thai nationals and reaches even preparatory acts, so the factual scope of what counts as preparing to wage war or aiding the enemy is often the decisive battleground. Penalty exposure is death or life imprisonment, and the offence is not compoundable. Defence work centres on the nationality element, the classification of the conduct, and proof of intent to oppose the Kingdom. Specialist counsel is essential; see criminal law in Thailand.

Frequently asked questions

Who can commit the offence under Section 120?

Only a Thai national. Nationality is an element of this offence, unlike the general external-security provisions that apply to anyone.

Does the war have to actually happen?

No. Preparing to wage war against Thailand is expressly criminalised, so liability can arise before hostilities begin.

Related guides on ThaiLawOnline

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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