Section 126 — Security secrets for a foreign state
English translation
Whoever commits an offence under Section 124 or Section 125, if the act is committed for the benefit 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 126 is an aggravating provision tied to the base offences in Sections 124 and 125. Its added element is that the obtaining or disclosure of the secret was done for the benefit of a foreign state. That foreign-benefit purpose transforms the exposure from the base ranges (up to ten years, or one to ten years) into a fixed five to fifteen years. It reflects the graver harm when national security information is directed toward a foreign power rather than mishandled domestically.
Why this matters in practice
The distinguishing issue is the foreign-benefit purpose: the prosecution must show the base offence under Section 124 or 125 and that it was done for the benefit of a foreign state. Exposure jumps to five to fifteen years, and the offence is not compoundable. The defence commonly attacks the foreign-benefit element, since without it the case falls back to the lower base ranges. See criminal law in Thailand for an overview.
Frequently asked questions
What triggers the higher penalty under Section 126?
Committing an offence under Section 124 or 125 for the benefit of a foreign state. That foreign-benefit purpose raises the penalty to five to fifteen years.
Is Section 126 a separate offence?
No. It is an aggravating provision that applies to the base offences in Sections 124 and 125 when they are done for a foreign state.