Section 340 — Gang-robbery
English translation
Whoever commits robbery by acting together with three or more persons commits the offence of gang-robbery and shall be liable to imprisonment from ten years to fifteen years and a fine from two hundred thousand baht to three hundred thousand baht.
If, in the gang-robbery, any one of the offenders carries a weapon, the offender shall be liable to imprisonment from twelve years to twenty years and a fine from two hundred and forty thousand baht to four 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
Gang-robbery under Section 340 is the aggravated group form of robbery under Section 339: it requires that robbery be committed jointly by three or more persons. Paragraph two adds a further, weapon-based aggravation where any one of the offenders carries a weapon, raising the range to twelve to twenty years. The weapon element is satisfied by carrying a weapon that is ready to be used in the offence, even if it is not actually used, because the law aims to deter escalation to serious harm. Section 340 ter provides an additional enhancement for use of a vehicle or concealment of identity in robbery or gang-robbery. The heavy penalty band reflects both the collective nature of the offence and the danger of violence.
Why this matters in practice
Exposure is severe, with a ten-year minimum that rises to twelve years when a weapon is involved, and gang-robbery is not compoundable. A key point of contest is the count and coordination of participants: the three-or-more requirement must be proved, and reducing the number of proven co-offenders below three may change the offence to robbery. On the weapon aggravation, courts treat a firearm carried and ready for use as sufficient even if never fired, so a defence based on non-use of the weapon may not succeed. Given the stakes, early representation is important. See our overview of criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 5681/2568 (2025)
Where the law aggravates an offence for carrying a firearm, as in Section 340 paragraph two, a firearm carried and ready for use suffices; it need not actually be used, because the provision is designed to deter escalation to lethal harm.
The Supreme Court explained that firearms are inherently dangerous and that several provisions, including Section 340 paragraph two, aggravate the penalty for carrying one. Carrying a firearm close at hand and ready for use is enough to bring the aggravation into play even if it is not used in the offence.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How many people are needed for gang-robbery?
Section 340 requires robbery committed jointly by three or more persons. With fewer than three proven participants, the offence is robbery under Section 339 rather than gang-robbery.
Does carrying a weapon increase the penalty even if it is not used?
Yes. Under paragraph two, if any offender carries a weapon the penalty rises to twelve to twenty years, and courts treat a weapon that is ready for use as sufficient even if not actually used.
What is the penalty for gang-robbery in Thailand?
Imprisonment from ten to fifteen years and a fine of two hundred thousand to three hundred thousand baht, rising to twelve to twenty years and a larger fine if any offender carries a weapon.