Section 176 — Repentance for a false charge
English translation
Whoever, having committed the offence under Section 175, submits to the court and requests to withdraw or amend the charge before judgment, the court may impose a penalty less than that prescribed by law, or may impose no penalty at all.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 176 is a mitigation clause attached to the false-charge offence in Section 175. It rewards an accuser who repents by allowing the court either to impose a penalty below the statutory minimum or to impose no penalty at all, provided the withdrawal or amendment happens before judgment. Courts read the provision generously: the Supreme Court has treated the withdrawal of a criminal complaint that terminates the right to prosecute as equivalent to withdrawing the charge for these purposes, and has held that withdrawal even during the preliminary examination, before the court has accepted the charge, still triggers the court's discretion. It is a benefit granted to the offender, so it operates in mitigation rather than as a defence to guilt.
Why this matters in practice
For a defendant already exposed under Section 175, Section 176 is the main lever to shrink or erase the penalty, and the case law is favourable: withdrawing the false charge, or even the underlying complaint, before judgment keeps the door open, and courts have accepted withdrawal as early as the preliminary examination stage. The key practical point is that the withdrawal must come before judgment and be genuine repentance, so acting early is far better than waiting for the case to run. Anyone weighing this move should get tailored advice on timing and wording; you can book a consultation with a Thai criminal lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8426/2558 (2015)
Withdrawing a criminal complaint that terminates the right to prosecute is treated as submitting to the court in the same way as withdrawing a charge, so the offender receives the benefit of Section 176 and the court may impose a lesser penalty or none.
The first defendant withdrew the complaint, terminating the right to prosecute under the Criminal Procedure Code, and the court dismissed the case. The Supreme Court held this was a submission to the court equivalent to withdrawing a charge under Section 176, so the penalty was properly reduced.
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Supreme Court Judgment No. 15243/2557 (2014)
Withdrawing a false charge during the preliminary examination, before the court has ordered the charge accepted for trial, still gives the court discretion under Section 176 to impose a lesser penalty or none at all.
The defendants withdrew the charge while the case was still at the preliminary examination stage. The Court held that withdrawal at that stage does not alter their liability but does leave the court with discretion under Section 176 to mitigate or waive the penalty.
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Supreme Court Judgment No. 15232/2553 (2010)
Section 176 is a penalty-mitigation provision; when a defendant withdraws the false criminal charge brought against the plaintiff before judgment, the defendant is regarded as having submitted to the court and qualifies for its benefit.
Addressing whether a defendant's withdrawal fell within Section 176, the Court quoted the provision and confirmed it is a mitigation clause; withdrawing the false charge against the plaintiff before judgment brought the defendant within its scope.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does Section 176 erase guilt for a false charge?
No. It is a mitigation provision. The offence under Section 175 remains, but the court may impose a lesser penalty or none at all if the accuser withdraws or amends before judgment.
Does withdrawing the complaint count, or must I withdraw the court charge?
The Supreme Court has treated withdrawing a criminal complaint that ends the right to prosecute as equivalent to withdrawing the charge for the benefit of Section 176.
How late can I withdraw and still benefit?
The withdrawal or amendment must occur before judgment. Courts have accepted withdrawal even during the preliminary examination, before the court accepts the charge.