Section 201 — Judicial officer framing a person
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 frame any person so as to be punished or to receive a heavier punishment, shall be liable to imprisonment from one year to ten years, or a fine from twenty thousand baht to two hundred 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 frame a person so that they are punished or punished more heavily. It is the direct counterpart to Section 200: where Section 200 punishes tilting a case to favor an accused, Section 201 punishes tilting it to persecute a person. The penalty is notably heavier than Section 200 (up to ten years and a fine up to 200,000 baht), reflecting the gravity of using state prosecutorial power to injure the innocent. As with Section 200, a wrongful purpose is essential, distinguishing the offense from a good-faith but mistaken decision.
Why this matters in practice
This is one of the gravest offenses against a person by a justice official, carrying up to ten years, because it targets the deliberate misuse of prosecutorial power to punish someone unjustly. The decisive question is the improper purpose of framing a person or aggravating their punishment; a genuine, reasoned decision is not caught even if later found wrong. In practice it commonly overlaps with Section 157 (malfeasance in office) and, where false accusations are involved, with the false-accusation offenses. A person who believes an investigator or prosecutor deliberately built a false case against them should gather evidence early and take criminal law advice in Thailand.
Frequently asked questions
How does Section 201 differ from Section 200?
Section 200 punishes a justice official who improperly helps a person avoid or reduce punishment. Section 201 punishes the opposite: improperly acting to frame a person so they are punished or punished more heavily, and it carries a heavier penalty of up to ten years.
What must be proved to convict under Section 201?
That the official is a prosecutor, prosecuting officer, or inquiry official, that they improperly conducted or omitted to conduct a case, and that they did so with the specific purpose of framing a person to be punished or punished more heavily.