Penal Code

Section 339 — Robbery

English translation

Whoever commits theft by using force or by threatening that force will be used at once, in order to (1) facilitate the theft or the carrying away of the property; (2) obtain the delivery of the property; (3) retain hold of the property; (4) conceal the commission of the offence; or (5) escape arrest, commits the offence of robbery and shall be liable to imprisonment from five years to ten years and a fine from one hundred thousand baht to two hundred thousand baht.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Robbery under Section 339 is aggravated theft: it combines the taking of another's property (theft) with force, or the immediate threat of force, directed to one of the five listed purposes. The force or threat distinguishes robbery from ordinary theft under Section 334 and from extortion under Section 337, where the victim is induced to give property rather than having it taken by force. Where three or more offenders act together the offence becomes gang-robbery under Section 340, and Section 340 ter adds further aggravation for use of a vehicle or concealment of identity. The penalty band, five to ten years, reflects the combination of property loss and violence or the threat of violence.

Why this matters in practice

Robbery is a serious, non-compoundable offence, so repaying the victim does not end the case, though it may mitigate sentence. Exposure starts at a five-year minimum. Common defence themes are whether force or an immediate threat of force actually accompanied the taking (which separates robbery from plain theft), and whether the accused shared the intent behind the taking. Where the prosecution has not charged and proved an aggravating feature, the court cannot convict of the more serious form on its own initiative. If a vehicle was used or identity concealed, expect Section 340 ter to be added. Learn more about criminal law in Thailand.

Supreme Court decisions interpreting this section

  1. Supreme Court Judgment No. 811/2568 (2025)

    Robbery committed while concealing identity to avoid recognition and using a vehicle to commit the crime, carry the property, or escape arrest falls under Section 339 combined with Section 340 ter.

    The court characterized the robbery as one committed with concealment of identity and use of a vehicle, placing it under Section 339 read with Section 340 ter, and the defendant was sentenced accordingly before mitigation.

  2. Supreme Court Judgment No. 1546/2568 (2025)

    A conviction for robbery rests on the elements charged and proved; where the prosecution has not established an uncharged aggravating feature such as theft with a weapon, the court cannot substitute that more serious characterization.

    The defendant was convicted under Section 339(1). The Supreme Court noted it could not convict of the uncharged aggravated form of theft with a weapon where the facts to support it had not been established at trial.

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 makes theft become robbery in Thailand?

Under Section 339, theft becomes robbery when the offender uses force, or threatens that force will be used at once, for one of the listed purposes such as facilitating the taking or escaping arrest.

What is the penalty for robbery?

Section 339 sets imprisonment from five years to ten years and a fine from one hundred thousand to two hundred thousand baht, with heavier penalties if it becomes gang-robbery under Section 340.

Is robbery compoundable if the property is returned?

No. Robbery is not a compoundable offence, so returning the property or repaying the victim does not end the case, although it may reduce the sentence.

Related guides on ThaiLawOnline

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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