Section 150 — Acting on a benefit taken before appointment
English translation
Whoever, being an official, does or omits to do any act in his office in consideration of property or any other benefit which he demanded, accepted or agreed to accept before being appointed as an official in that office, shall be punished with imprisonment from five to twenty years or imprisonment for life, and a fine from one hundred thousand to four hundred thousand baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 150 closes a timing gap left by the bribery offence in Section 149. Section 149 targets a benefit demanded or taken while already an official; Section 150 reaches the case where the benefit was demanded, accepted or agreed to before appointment, and the official then acts on it once in office. The elements are (1) being an official, (2) doing or omitting an act of office, (3) in consideration of a benefit, (4) which was demanded, accepted or agreed to before appointment to that office. It sits within the Malfeasance in Office chapter and carries the same heavy penalty range as Section 149, short of the death penalty.
Why this matters in practice
Exposure runs from five years to life, and the offence is non-compoundable and prosecuted by the State. The defining fact is the timing of the benefit: the arrangement must predate the appointment while the act of office comes after it. Because the penalty carries a life-imprisonment ceiling, the applicable limitation period is the longest tier under the Penal Code. As with the other corruption offences in this Chapter, matters are commonly handled through the anti-corruption authorities, and repayment does not extinguish liability.
Frequently asked questions
How does Section 150 differ from bribery under Section 149?
Section 149 covers a benefit taken while already an official; Section 150 covers a benefit demanded or accepted before appointment, acted on once in office.
What is the penalty under Section 150?
Imprisonment of five to twenty years or life, together with a fine of 100,000 to 400,000 baht.