Section 340/2 — Gang-robbery of religious property
English translation
Section 340 bis. If the gang-robbery is committed against property under Section 335 bis paragraph one, the offender shall be punished with imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht.
If that gang-robbery is also committed in a place as provided in Section 335 bis paragraph two, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht.
If, in the gang-robbery under paragraph one or paragraph two, even one of the offenders carries a weapon, the offender shall be punished with imprisonment for life, or imprisonment from fifteen years to twenty years.
If the gang-robbery under paragraph one or paragraph two causes another person to suffer grievous bodily harm, the offender shall be punished with imprisonment for life.
If the gang-robbery under paragraph one or paragraph two is committed by an act of cruelty causing another person to suffer bodily or mental harm, by shooting with a gun, by using an explosive, or by torture, the offender shall be punished with death or imprisonment for life.
If the gang-robbery under paragraph one or paragraph two causes another person to die, the offender shall be punished with 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 340 bis sits in Book II, Title XII, Chapter II, and is the gang-robbery counterpart to the theft and robbery provisions in Sections 335 bis and 339 bis. Gang-robbery, defined in Section 340, is robbery committed jointly by three or more persons; this section applies that offence to the same protected class of religious property and raises the penalties accordingly. The tiers escalate from the base offence, to the same act in a protected location, to a tier triggered where even a single member of the group is armed, and then by resulting harm: grievous bodily harm, acts of cruelty or the use of guns, explosives or torture, and finally death. It is read together with Section 340 ter, which adds a further one-half increase where the offence is carried out under a disguise, with firearms or explosives, or using a vehicle.
Why this matters in practice
This is one of the gravest offences in the Code, with a ten-year minimum at the base tier and death as the maximum. A distinctive feature is the armed-offender tier: it is enough that any one member of the group carries a weapon for every participant to face life imprisonment or fifteen to twenty years. Gang-robbery is a non-compoundable public offence prosecuted by the state, and Section 340 ter can raise the penalty by a further one half. Given the exposure, anyone implicated should speak with a Thai lawyer immediately.
Frequently asked questions
What counts as gang-robbery under Section 340/2?
Gang-robbery is robbery committed jointly by three or more persons, as defined in Section 340. Section 340 bis applies where the property taken is a Buddha image, religious object, or national heritage protected under Section 335 bis, and imposes higher penalties starting at ten to twenty years' imprisonment.
Does everyone face a heavier penalty if only one member is armed?
Yes. Under paragraph three, if even one of the offenders carries a weapon, the enhanced tier of life imprisonment or fifteen to twenty years applies to the offenders, reflecting the joint nature of gang-robbery.