Section 135 — Prosecution condition for foreign-relations offences
English translation
For offences under Section 130 to Section 134, the Court may punish the offender only upon the request of the government of that foreign State, and there must be a reciprocal agreement of a like nature.
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 is a procedural condition attached to the substantive offences against friendly relations with foreign States (Sections 130 to 134). It sets two cumulative requirements before a court may impose punishment: a formal request by the government of the foreign State concerned, and the existence of a reciprocal arrangement of a like nature, meaning Thailand's own head of State, symbols or representatives would receive equivalent protection abroad. Because it is a gatekeeping rule rather than an offence, it defines no elements and carries no penalty of its own; it instead controls whether Sections 130 to 134 can be enforced at all.
Why this matters in practice
For anyone weighing a complaint over an insult to a foreign head of State, representative, flag or emblem, Section 135 is the first thing to check. A case cannot proceed unless the foreign government has requested prosecution and reciprocity exists, and this is a substantive bar, not a formality. The Supreme Court has thrown out such cases where the foreign government's request was absent and the complainant was not the injured party. In practice these prosecutions are driven through diplomatic channels, not by private individuals reacting to perceived insults.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6098/2531 (1988)
Where the friendly-relations offences under Sections 130 to 134 are invoked, a complainant who is not the injured party and holds no authority from the injured party has no power to prosecute.
A cultural attache of the Iranian embassy sought to prosecute a newspaper owner under Sections 133, 134 and 135 over material about the Iranian head of State. The Supreme Court upheld dismissal, holding the plaintiff lacked standing because he was not the injured party and had no authority from the injured party to bring the case.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What does Section 135 require before a foreign-relations offence can be punished?
It requires a request from the government of the foreign State concerned and a reciprocal arrangement of a like nature.
Which sections does Section 135 apply to?
It applies to the offences against friendly relations with foreign States in Sections 130 to 134.
Can a private person prosecute under Sections 130 to 134 without the foreign government?
No. Without the foreign government's request and reciprocity the court cannot punish, and a person who is not the injured party lacks standing to prosecute.