Section 238 — Public danger offence causing death
English translation
If the commission of an offence under Section 226, Section 227, Section 228, Section 229, Section 233, Section 234, Section 235, Section 236, or Section 237 causes the death of another person, the offender shall be liable to the penalty prescribed in Section 238, namely the death penalty, imprisonment for life, or imprisonment from fifteen years to twenty years.
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 result-qualified aggravation, not a standalone offence: it applies only when one of the listed public danger offences under Sections 226 to 237 has been committed and that offence causes the death of another. The base offence must be intentional; where the same result flows from negligence, Section 239 applies instead. The Supreme Court has applied the aggravation to the intentional overloading of a passenger vessel under Section 233 and to construction and building safety offences under Section 227 that led to fatal collapses. The penalty reaches the death penalty or life imprisonment, placing these offences among the most serious in the Title.
Why this matters in practice
The key battleground is causation and intent: the aggravation bites only if the death resulted from an intentional base offence, so the defence often argues the death arose from negligence, in which case the far lighter Section 239 applies. Exposure here is at the top of the scale, up to the death penalty, so the characterisation of the underlying act is decisive. Anyone facing this charge should obtain specialist criminal representation immediately. See our overview of criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4196/2566 (2023)
Someone who has worked as a construction contractor for many years is a person exercising the construction profession for the purposes of Section 227, and where that offence causes death the penalty is aggravated under Section 238.
The defendant had worked as a construction contractor for over ten years. The Court held that this experience made him a person with the skill and expertise of the construction profession within the meaning of Section 227, and the case proceeded under Sections 227 and 238 after a fatal collapse.
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Supreme Court Judgment No. 3793/2543 (2000)
Ignoring known structural defects for business reasons until a building collapses and kills people can support charges under Section 227 together with the death aggravation in Section 238.
The prosecution alleged that those responsible for the Royal Plaza Hotel put business gain ahead of safety and failed to fix defects until the building collapsed in 1993, causing extensive loss of life and property. The defendants were charged under Sections 227 and 238, among others, and building control legislation.
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Supreme Court Judgment No. 7547/2542 (1999)
Intentionally overloading a passenger boat so as to endanger those aboard is an offence under Section 233, and when it causes death the offenders must receive the heavier penalty under Section 238, paragraph one; the negligence rule does not apply where the conduct was intentional.
The defendants used a boat to carry passengers, overloading it so as to be likely dangerous to those aboard. The Court held this was an intentional offence under Section 233, not negligence, so when death resulted the offenders bore the aggravated penalty under Section 238, paragraph one.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is Section 238 a separate offence?
No. It is an aggravated penalty that applies when a public danger offence under Sections 226 to 237 causes death. It cannot be charged on its own without one of those underlying offences.
What if the death was caused by negligence?
Then Section 238 does not apply. Section 239 governs the negligent form of these public danger offences and carries a much lighter penalty.
How severe is the penalty under Section 238?
It reaches the death penalty, life imprisonment, or fifteen to twenty years in prison, making it one of the most serious provisions in this chapter.