Section 288 — Murder
English translation
Whoever kills another person shall be liable to death, imprisonment for life, or imprisonment from fifteen 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
Section 288 is the foundational homicide offence in the Title on Offences against Life, punishing the intentional killing of another person. Its elements are simply an act of killing and the intent to kill (which in Thai law includes both the desire to cause death and foreseeing death as a certain consequence). It provides three sentencing options: death, life imprisonment, or fifteen to twenty years. It is the base from which Section 289 builds the aggravated forms of murder carrying the mandatory death penalty, while Section 290 covers the lesser case of an assault that causes death without intent to kill, and Section 291 covers death caused by negligence. Distinguishing intent to kill from mere intent to injure is therefore the central line between Section 288 and Section 290.
Why this matters in practice
Exposure is at the top of the scale, from fifteen years to the death penalty, and the single most decisive issue in most cases is intent: whether the accused intended to kill (Section 288 or 289) or only to injure, with death an unintended result (Section 290). Related defences turn on self-defence, provocation, and the manner and instrument used, all of which bear on how the court reads intent. Given what is at stake, anyone facing a homicide allegation should obtain experienced representation immediately; the firm's overview of criminal law in Thailand gives useful background.
Frequently asked questions
What is the penalty for murder under Section 288?
The death penalty, imprisonment for life, or imprisonment from fifteen to twenty years, at the court's determination on the facts.
How is Section 288 different from Section 290?
Section 288 requires intent to kill, while Section 290 applies where the offender intended only to injure but the victim died, which carries a much lower penalty.