Section 213 — Failure to disperse when ordered
English translation
When a public official has ordered the persons gathered together to commit an offence under Section 212 to disperse, whoever does not disperse shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty 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
This provision reinforces Section 212 by criminalizing continued participation in the mob after lawful intervention. Its elements are: (1) an unlawful gathering to commit an offence under Section 212, (2) a public official's order to disperse, and (3) the accused's failure to disperse. Liability attaches to the refusal to leave once the order is given, so the offence is distinct from, and can follow on top of, the underlying assembly offence in Section 212. The order to disperse is a factual precondition, which makes proof that a valid order was given, and that the accused had a chance to comply, central to the case.
Why this matters in practice
Because liability turns on a specific order, the defence often examines whether an order to disperse was actually and clearly given, by whom, and whether the accused had a real chance to leave before being detained. Exposure of up to three years can stack on top of the Section 212 assembly charge, so a person who stayed after a police order may face two counts. Documenting the timing and content of any dispersal order is important to both sides.
Frequently asked questions
What triggers liability under Section 213?
Refusing to disperse from a Section 212 gathering after a public official has ordered the group to break up.
Does there have to be an official order first?
Yes. A public official must have ordered the group to disperse; the offence lies in not obeying that order.
What is the penalty under Section 213?
Imprisonment of up to three years, or a fine of up to 60,000 baht, or both.