Section 211 — Liability once the conspiracy is carried out
English translation
When the conspirators have committed the offence which they conspired to commit, the person who commits the offence shall be liable to the penalty prescribed for that offence, and the other conspirators shall be guilty as supporters.
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 linkage provision within the chapter on public peace, working together with the conspiracy offences that precede it. It addresses what happens after a conspiracy moves from agreement to action: the conspirator who actually commits the agreed offence bears the full penalty for that offence, and the remaining conspirators, who did not personally carry it out, are fixed with liability as supporters rather than as principals. This calibrates each conspirator's responsibility to their role, distinguishing the hands-on offender from those whose participation stayed at the level of the agreement.
Why this matters in practice
The practical effect is that penalty exposure is not identical for every conspirator: the one who carries out the crime faces the full penalty for it, while the others are exposed at the supporter level, which is ordinarily two thirds of the principal penalty. That makes the factual question of who actually did the act, and who merely agreed, decisive to sentencing. Because this provision operates alongside the conspiracy offences, defence work usually focuses on disproving membership in the conspiracy in the first place.
Frequently asked questions
Who is punished as the principal under Section 211?
The conspirator who actually commits the agreed offence bears the full penalty prescribed for that offence.
What happens to the conspirators who did not carry out the crime?
They are guilty as supporters of the offence, which ordinarily means a reduced penalty compared with the person who committed it.