Section 200 — Judicial officer favoring an accused
English translation
Whoever, being an official in the position of public prosecutor, prosecuting officer, or inquiry official, conducts or does not conduct a case improperly, in order to help any person not to be punished or to receive a lighter punishment, shall be liable to imprisonment from six months to seven years, or a fine from ten thousand baht to one hundred and forty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The elements are: (1) the offender is an official in the position of public prosecutor, prosecuting officer, or inquiry official; (2) an improper act or omission in conducting a case; and (3) the specific intent to help a person avoid punishment or receive a lighter one. This is the opening provision of the chapter on Malfeasance in Judicial Office, targeting officials who tilt the process in favor of an accused. It is the mirror image of Section 201, which punishes the same officials who improperly act to frame a person or increase their punishment. The offense requires the specific corrupt purpose, not mere error or a good-faith exercise of prosecutorial discretion.
Why this matters in practice
This is a serious anti-corruption offense aimed squarely at prosecutors and investigators, with exposure up to seven years. The decisive element is the improper purpose of helping a person escape or reduce punishment, so a genuine, reasoned exercise of discretion (for example, declining to prosecute a weak case) is not caught. In practice, charges under this section frequently run alongside Section 157 (malfeasance in public office). Officials facing allegations, and complainants who suspect a case was deliberately buried, should both seek criminal law advice in Thailand, as the intent element is the battleground.
Frequently asked questions
Who can commit the offense under Section 200?
Only officials in the position of public prosecutor, prosecuting officer, or inquiry official. It targets those who improperly handle a case to help someone avoid or reduce punishment.
Is declining to prosecute a weak case an offense under Section 200?
No, not by itself. The offense requires an improper act done with the specific purpose of helping a person escape or reduce punishment, not a genuine, reasoned exercise of prosecutorial discretion.