Section 166 — Officers jointly abandoning public work
English translation
Whoever, being an official, abandons their work or does any act in order to bring the work to a standstill or to cause it damage, by jointly committing such act together with five or more persons, shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both.
If the offence is committed in order to bring about a change in the law of the land, to coerce the government, or to intimidate the public, the offender shall be liable to imprisonment not exceeding ten years and a fine not exceeding two 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 166 penalises collective work stoppages by public officers, in effect an official strike or sabotage offence. The basic offence requires: (1) officials; (2) who abandon their work or act to halt or damage it; and (3) do so jointly with five or more persons. The second paragraph is an aggravated form carrying up to ten years where the purpose is to change the law of the land, coerce the government, or intimidate the public, reflecting the threat such collective action poses to public administration and order. The five-person threshold is an essential element: a stoppage by fewer than five officers falls outside this section. It sits within the Malfeasance in Office title and protects the continuity of State functions.
Why this matters in practice
The basic charge exposes each participant to up to five years, and the aggravated form to up to ten, so this is a serious charge in a coordinated public-sector action. As a malfeasance offence it cannot be settled privately. The most important defensive point is the five-person threshold and proof that the accused actually joined a concerted act to halt or damage the work, rather than being individually absent or acting alone. The aggravated paragraph adds a specific political purpose that the prosecution must prove separately. Officials considering or accused of collective action should take legal advice before relying on any labour or protest justification, which does not automatically apply to State officers.
Frequently asked questions
How many officials are needed for a Section 166 offence?
The basic offence requires five or more officials acting together to abandon or halt the work. A stoppage involving fewer than five officers falls outside this section.
When does the ten-year penalty apply under Section 166?
The heavier penalty of up to ten years applies where the joint action is done to bring about a change in the law of the land, to coerce the government, or to intimidate the public.