Section 289 — Aggravated murder
English translation
Whoever kills another person (1) by premeditation; (2) by cruel means; (3) killing an ascendant; (4) killing an official acting in the performance of duty, or because of what the official is to perform or has performed in the exercise of duty; (5) killing a person assisting an official in the performance of the official's duty, or because of the assistance the person is to render or has rendered to the official; (6) in order to prepare for, or to facilitate the commission of, another offence; or (7) in order to obtain or retain the benefit arising from another offence committed by himself, to conceal another offence of his own, or to escape punishment for another offence he has committed, shall be liable to death.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 289 is the aggravated-murder provision built on the base offence of Section 288, carrying a single mandatory penalty of death. It lists seven aggravating circumstances: premeditation, cruel means, killing an ascendant, killing an official or a person assisting an official in connection with duty, killing to prepare for or facilitate another offence, and killing to obtain the benefit of, conceal, or escape punishment for another offence. Each circumstance reflects a heightened culpability, whether through planning, brutality, the status of the victim, or the connection to further crime. Where the aggravating fact concerns the victim's status, the offender must know that fact to bear the heavier liability, applying the general knowledge rule of Section 62.
Why this matters in practice
Because Section 289 fixes a single penalty of death, whether a case is charged under it rather than Section 288 is the highest-stakes issue in a homicide file, and each of the seven circumstances is proved separately on the facts. For circumstances tied to the victim, such as killing an ascendant or an official, the prosecution must show the accused knew that status; that knowledge requirement (Section 62) is a recognised line of defence. These cases demand the strongest possible representation from the outset; the firm's overview of criminal law in Thailand provides context.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6876/2568 (2025)
A person who fires a gun foreseeing that the bullet may strike his mother is deemed to know the fact that increases the penalty under Section 62, and is guilty of attempted killing of an ascendant under Section 289(3).
The defendant fired toward approaching footsteps near his house; the Supreme Court held he could foresee the bullet might hit his mother and therefore knew the aggravating fact under Section 62, making him guilty of attempted murder of an ascendant.
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 penalty under Section 289?
Aggravated murder under Section 289 carries a single mandatory penalty of death.
What makes a killing aggravated murder under Section 289?
Any of seven circumstances: premeditation, cruel means, killing an ascendant, killing an official or an official's helper in connection with duty, killing to facilitate another offence, or killing to secure, conceal, or escape another offence.
Must the offender know the victim is an ascendant or official?
Yes. Where the aggravating fact concerns the victim's status, the offender must know that fact to bear the heavier liability, under the knowledge rule of Section 62.