Section 135/4 — Voluntary withdrawal from terrorism conspiracy
English translation
If the offender under Section 135/2 paragraph two repents and corrects the course so that the act does not achieve its result, the Court may impose a penalty less than that provided by law for such offence to any extent, or, where there are grounds deserving of mercy, the Court may decide not to impose punishment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 135/4 is a sentencing-mitigation provision, not an offence. It applies specifically to a person who has conspired to commit terrorism under Section 135/2 paragraph two and who then repents and corrects course so that the conspiracy does not achieve its result. In that situation the court may reduce the penalty to any extent it sees fit, and where there are grounds deserving of mercy it may impose no punishment at all. It functions as an incentive to abandon a terrorism plot before harm occurs, and mirrors the general voluntary-withdrawal logic found elsewhere in the Penal Code, applied here to the specific inchoate offence of terrorism conspiracy.
Why this matters in practice
For a defendant who joined a terrorism conspiracy but pulled back before it bore fruit, Section 135/4 is a valuable lever: it can take the sentence down to nothing where the court finds grounds for mercy. The key is genuine repentance coupled with conduct that actually prevents the conspiracy from achieving its result, so timing and proof of an effective change of heart are decisive. It reaches only conspiracy under Section 135/2 paragraph two, not the completed terrorism offence under Section 135/1, so it will not rescue someone who has already carried out a terrorist act. Because the benefit rests on the court's discretion, how the withdrawal is documented and presented matters; see criminal law in Thailand.
Frequently asked questions
Who can benefit from Section 135/4?
A conspirator under Section 135/2 paragraph two who repents and corrects course so that the conspiracy does not achieve its result.
Can the court impose no punishment at all?
Yes. The court may reduce the penalty to any extent, and where there are grounds deserving of mercy it may impose no punishment at all.
Does Section 135/4 help someone who already carried out a terrorist act?
No. It applies only to conspiracy under Section 135/2 paragraph two, not to the completed terrorism offence under Section 135/1.