Section 202 — Judge deciding a case improperly
English translation
Whoever, being an official in the position of a judge, gives judgment or an order in a case improperly, in order to help or to harm any party, shall be liable to imprisonment from one year to seven years, or a fine from twenty 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 holds the position of a judge; (2) an improper judgment or order in a case; and (3) the specific intent to help or to harm a party. It extends the chapter on Malfeasance in Judicial Office from prosecutors and investigators (Sections 200 and 201) to the bench itself, protecting the impartiality of adjudication. A wrongful, partial purpose is essential: an honest legal error or a decision within the judge's discretion, even if later reversed on appeal, does not amount to this offense. It stands alongside Section 203, which addresses officials who improperly execute court judgments or orders.
Why this matters in practice
This is a rarely charged but very serious offense reaching the judiciary, with exposure up to seven years. The dividing line is between a corrupt or partial purpose, which is criminal, and a good-faith legal ruling that a party simply disagrees with, which is not: the ordinary remedy for a wrong decision is appeal, not a criminal charge against the judge. Case law treats bad-faith accusations against judges seriously in the opposite direction too, potentially as contempt under Section 198. A litigant who believes a decision was corruptly made should proceed with great care and take criminal law advice in Thailand before making any allegation.
Frequently asked questions
Can a judge be prosecuted for a wrong decision in Thailand?
Only if the judgment or order was given improperly with the purpose of helping or harming a party. An honest legal error or a discretionary ruling is not an offense; the remedy for a wrong decision is appeal, not a criminal charge under Section 202.
What is the penalty under Section 202?
Imprisonment from one to seven years, a fine from 20,000 to 140,000 baht, or both.