Section 239 — Negligent public danger offences
English translation
Whoever commits an offence under Section 217, Section 218, Section 220, Section 221, Section 222, Section 223, Section 224, Section 225, Section 226, Section 227, Section 228, Section 229, Section 230, Section 231, Section 232, Section 233, Section 234, Section 235, Section 236, Section 237, or Section 238 by negligence shall be liable to imprisonment not exceeding two years, or a fine not exceeding forty thousand baht, or both.
If the negligent act causes the death of another person, the offender shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred 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 section is the negligent counterpart to the intentional public danger offences in Sections 217 to 238. It applies where the same dangerous result is brought about through negligence rather than intent, and it carries a far lighter penalty than the intentional versions. A second paragraph raises the penalty where the negligence causes death. The distinction between intent and negligence is decisive in practice, because where death results the intentional route leads to the severe penalties of Section 238, while the negligent route stays within this section.
Why this matters in practice
Whether conduct is charged as intentional, in Sections 226 to 238, or as negligent under this section is often the central issue, because the penalty gap is enormous, up to the death penalty for the intentional form against a maximum of five years here even where death results. Careless or accidental causes usually point to this section. Courts have declined to apply the intentional aggravation where the base act was not shown to be intentional, treating the death as a matter for the negligence provisions instead. See our overview of criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 153/2506 (1963)
Where death results from negligent conduct such as overloaded and speeding driving rather than an intentional public danger offence, the aggravated penalty in Section 238 cannot be applied, and the offender is punished under the negligence provisions.
The defendant drove a passenger vehicle overloaded beyond its registered limit and at excessive speed, causing death and injury. The Court held that Section 238 could not be applied because the conduct was negligent, and the defendant was dealt with under the negligence provisions instead.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the difference between Section 238 and Section 239?
Section 238 aggravates the intentional public danger offences when death results, up to the death penalty. Section 239 covers the same offences committed by negligence, with a maximum of two years, or five years if death results.
What is the penalty if negligence causes death under Section 239?
Imprisonment not exceeding five years, or a fine not exceeding 100,000 baht, or both.