Section 223 — Aggravated flood damaging protected property
English translation
If the commission of an offence under Section 222 causes danger to property of the kind specified in Section 218, the offender shall be liable to the penalty provided in Section 218.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 223 is a penalty-enhancement provision that builds on the flood offence in Section 222, mirroring the structure of Section 221 for explosions. It applies where the completed Section 222 flood endangers the protected categories of property listed in Section 218, at which point sentencing moves from the Section 222 range to the heavier Section 218 scale. The prosecution must establish both the Section 222 flood and that Section 218 property was placed in danger. It is not a stand-alone crime but the aggravated tier of the same conduct.
Why this matters in practice
Because the penalty jumps to the Section 218 band, exposure is far more serious than a plain Section 222 charge and can reach imprisonment for life or the death penalty. The offence remains non-compoundable and is prosecuted by the state without a private complainant. The decisive issues are usually whether the endangered property truly falls within Section 218 and whether the underlying Section 222 flood is proven, so anyone facing this charge should seek criminal defence advice promptly.
Frequently asked questions
How does Section 223 relate to Section 222?
Section 222 is the base flood offence. Section 223 raises the penalty to the Section 218 scale when that flood endangers the special classes of property listed there.
What penalty does Section 223 carry?
The Section 218 penalty, which in aggravated cases can reach imprisonment for life or the death penalty.