Section 340/3 — Aggravated robbery and gang-robbery
English translation
Section 340 ter. Whoever commits an offence under Section 339, Section 339 bis, Section 340, or Section 340 bis by wearing a military or police uniform, or dressing so as to be understood to be a soldier or police officer, or by having or using a firearm or an explosive, or by using a vehicle to commit the offence, to carry away the property, or to escape arrest, shall be punished with a penalty one half heavier than that provided in such section.
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 ter is a penalty-enhancement provision in Book II, Title XII, Chapter II. It does not create a standalone offence; instead it raises the penalty by one half for the underlying offences of robbery (Section 339), robbery of religious property (Section 339 bis), gang-robbery (Section 340), and gang-robbery of religious property (Section 340 bis) whenever one of the listed aggravating circumstances is present. The three triggers are impersonation of a soldier or police officer, possession or use of a firearm or explosive, and use of a vehicle to commit the offence, carry away the property, or escape arrest. Because it operates on top of the base sections, it stacks with their internal tiers rather than replacing them, and it is charged in combination with the substantive robbery section.
Why this matters in practice
In practice Section 340 ter is very commonly charged alongside robbery and gang-robbery, because vehicles and firearms feature in a large share of such cases; the vehicle trigger is satisfied even where the vehicle is used only to flee or to carry the property away. The one-half increase applies to the specific tier of the base section that is proven, so the arithmetic effect can be substantial. It is not a recidivism enhancement and is applied to the statutory penalty of the underlying offence. Anyone facing a robbery charge that adds Section 340 ter should seek legal advice on both the base offence and the aggravator.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 811/2568 (2025)
Using a vehicle to commit the offence, carry away the property, or escape arrest brings robbery within Section 340 ter, raising the penalty by one half.
The court characterised the offence as robbery committed by concealing identity and by using a vehicle to commit the offence, carry away the property, or escape arrest, under Section 339 paragraph two together with Section 340 ter, and sentenced accordingly.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is Section 340/3 a separate crime?
No. Section 340 ter is an aggravating provision. It raises the penalty by one half for robbery under Section 339, robbery of religious property under Section 339 bis, gang-robbery under Section 340, or gang-robbery of religious property under Section 340 bis, and is always charged together with one of those base sections.
Does using a motorbike only to escape trigger Section 340/3?
Yes. The vehicle trigger is satisfied where a vehicle is used to commit the offence, to carry away the property, or to escape arrest. Using a vehicle only to flee the scene is enough to bring the one-half penalty increase into play.