Section 366/3 — Damaging or moving a corpse
English translation
Section 366/3. Whoever, without reasonable cause, damages, moves, destroys, depreciates the value of, or renders useless a corpse, a part of a corpse, the bones of a corpse, or the ashes of a corpse, shall be punished with imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 366/3 sits within Title 13 of Book II on Offences Relating to Dead Bodies. It protects the physical integrity of human remains, extending not only to a whole corpse but also to a part of a corpse, the bones, and the ashes. The prohibited conduct mirrors the language used for property damage, damaging, moving, destroying, depreciating the value of, or rendering useless, but the crucial qualifier is that the act must be done without reasonable cause, which excludes legitimate handling of remains such as lawful autopsy, exhumation, burial, cremation, or medical and forensic procedures. Alongside Sections 366/1, 366/2, and 366/4, it completes a self-contained scheme guarding the dignity and integrity of the dead.
Why this matters in practice
Exposure is up to three years' imprisonment or a fine of up to 60,000 baht or both. The without reasonable cause element is central and often decisive: authorised handling of remains by families, medical staff, or officials does not fall within the offence, and disputes commonly turn on whether the handling was justified. In practice this section is charged alongside more serious offences, for example where a body is moved or concealed to hide another crime, so it frequently appears in combination rather than alone. It is a public offence prosecuted by the state. Anyone implicated should consult a Thai lawyer on whether their handling of the remains had reasonable cause.
Frequently asked questions
Does Section 366/3 apply to bones and ashes, not just a whole body?
Yes. The section expressly covers a corpse, a part of a corpse, the bones, and the ashes. Damaging, moving, destroying, devaluing, or rendering any of these useless without reasonable cause can constitute the offence.
Is lawful handling of a body an offence under this section?
No. The offence requires that the act be done without reasonable cause. Authorised acts such as a lawful autopsy, exhumation, burial, or cremation carried out with proper authority are not caught, because they are done with reasonable cause.