Section 193 — Family exemption for aiding an offender
English translation
If the commission of the offense referred to in Section 184, Section 189 or Section 192 is done in order to help the father, mother, child, husband or wife of the offender, 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
This is a general-part provision granting the court a discretionary power to waive punishment, not an outright exemption from criminal liability. It applies only to three enumerated offenses in the Title on Offences against Judicial Officials: Section 184 (tampering with or destroying evidence), Section 189 (harboring an offender or suspect), and Section 192 (harboring an escapee from custody). The rationale recognizes the natural pull of close family loyalty. The relief is limited to the specified relations (father, mother, child, husband, wife); it does not extend to siblings or more distant relatives, and the offense is still made out even if punishment is waived.
Why this matters in practice
In practice this is an important mitigating avenue for relatives prosecuted for shielding a family member from arrest or interfering with evidence. It is discretionary, so the court is not obliged to waive punishment; the accused should still be prepared to present the family relationship and surrounding circumstances. It only covers Sections 184, 189, and 192, and only the listed close relations, so it will not assist someone who helped a sibling, friend, or unmarried partner. Because the relief depends on the court's discretion, criminal law advice in Thailand is worthwhile before relying on it.
Frequently asked questions
Does Section 193 mean helping a family member is never a crime?
No. The offense under Sections 184, 189, or 192 is still committed; Section 193 only gives the court discretion to decide not to impose punishment when the help was for the offender's parent, child, or spouse.
Which relatives does Section 193 cover?
Only the offender's father, mother, child, husband, or wife. It does not extend to siblings, cousins, or unmarried partners.