Section 120: Conspiring with an agent of a foreign State
Statutory text (Thai original)
ผู้ใดคบคิดกับบุคคลซึ่งกระทำการเพื่อประโยชน์ของรัฐต่างประเทศ ด้วยความประสงค์ที่จะก่อให้เกิดการดำเนินการรบต่อรัฐ หรือในทางอื่นที่เป็นปรปักษ์ต่อรัฐ ต้องระวางโทษจำคุกตลอดชีวิต หรือจำคุกตั้งแต่สิบปีถึงยี่สิบปี
English translation
Whoever conspires with a person who acts for the benefit of a foreign State, with the intention of bringing about war operations against the State, or other acts hostile to the State, shall be liable to imprisonment for life, or to imprisonment from ten years to twenty years.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
This is a conspiracy offence, and the counterparty is defined by function rather than nationality: a person who acts for the benefit of a foreign State. The intent required is specific, to bring about war operations or other hostile acts against Thailand. Because the offence is complete on the conspiracy, nothing need follow from it. The penalty is imprisonment for life or ten to twenty years.
Why this matters in practice
Section 120 is not confined to Thai nationals, and that is the main difference from Section 121: anyone may conspire with a person who is acting for the interests of a foreign State. The elements are the conspiring and the purpose, namely to bring about the waging of war against the State or any other act hostile to it. Because the offence is complete on the conspiring, no war and no hostile act need ever follow, so the contest is normally over what was agreed and what was intended rather than over any result. The punishment is life imprisonment, or ten to twenty years, and the offence is not compoundable. A Thai national who actually wages war against the country or joins the enemy commits the heavier offence in Section 121, which carries death or life imprisonment.
Cited in 2 Supreme Court decisions (2002 to 2012)
Selected citing decisions
- Decision 5252/2545 (2002)
- Decision 6079/2555 (2012)
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.
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Related guides on ThaiLawOnline
Cite this section
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Plain citation
Penal Code, s. 120 (Thailand) -
Academic citation
Penal Code (Thailand), s. 120. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-120/ (accessed 21 August 2026). -
Thai citation
ป.อ. มาตรา 120 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-120/ -
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<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-120/"><p>Whoever conspires with a person who acts for the benefit of a foreign State, with the intention of bringing about war operations against the State, or other acts hostile to the State, shall be liable to imprisonment for life, or to imprisonment from ten years…</p><footer>Penal Code, s. 120 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-120/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.