Section 128 — Wartime security-secret offences
English translation
Whoever commits an offence provided in Section 124 to Section 127 during a time of hostilities or war 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 128 is a wartime aggravating provision covering the full espionage group in Sections 124 to 127. Its single added element is that the base offence was committed during a time of hostilities or war. When that condition is met, the varied base penalties of those sections are displaced by a uniform maximum of death or imprisonment for life. The provision reflects the heightened danger of intelligence offences when the country is at war and aligns their exposure with the gravest security crimes.
Why this matters in practice
The decisive factual issue is whether the act took place during a time of hostilities or war, since that condition alone lifts the ceiling to death or life imprisonment. The underlying offence under Sections 124 to 127 must still be proved. The offence is not compoundable, and the wartime element is often where the defence concentrates. Given the maximum exposure, immediate specialist representation is essential; see criminal law in Thailand.
Frequently asked questions
What does Section 128 add to Sections 124 to 127?
It raises the penalty for any of those security-secret offences to death or life imprisonment when the act is committed during a time of hostilities or war.
Is the wartime element enough by itself?
No. The base offence under Sections 124 to 127 must also be proved. The wartime condition only raises the penalty once the base offence is established.