Section 123 — Conspiring with a foreign state
English translation
Whoever commits any act that is grievously harmful to the Kingdom by conspiring with a foreign state or with a person acting on behalf of a foreign state shall be liable to imprisonment of five to fifteen 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 123 addresses conduct gravely harmful to the Kingdom committed in concert with a foreign state or its agents, within the external-security chapter. Its distinctive element is the conspiracy or collusion with a foreign state, or a person acting on behalf of one, which turns otherwise harmful conduct into a security offence. The provision captures collaboration that damages the Kingdom without necessarily amounting to waging war or ceding territory. Its penalty of five to fifteen years places it below the war and treason provisions but well within serious-offence territory.
Why this matters in practice
The pivotal element is the alleged collusion with a foreign state or its agent, so the defence often contests whether any such conspiracy is proven and whether the conduct was genuinely grievously harmful to the Kingdom. Exposure is five to fifteen years, and the offence is not compoundable. Because foreign contacts alone are not enough without the conspiratorial and harmful elements, careful factual analysis is critical; see criminal law in Thailand.
Frequently asked questions
What makes conduct fall under Section 123?
The conduct must be grievously harmful to the Kingdom and done in conspiracy with a foreign state or a person acting on behalf of one. The foreign-state collusion is the defining element.
What is the penalty under Section 123?
Imprisonment of five to fifteen years.