Section 366/4 — Insulting a corpse
English translation
Section 366/4. Whoever, by any means, insults or shows contempt for a corpse shall be punished with imprisonment not exceeding three months, or a fine not exceeding five 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 366/4 is the least serious offence in Title 13 of Book II on Offences Relating to Dead Bodies. It criminalizes any act that insults or shows contempt for a corpse, so its focus is the affront to the dignity of the dead rather than physical interference with the remains, which is dealt with by Section 366/3. The phrase by any means keeps the mode of conduct open, covering words, gestures, or other acts of disparagement directed at a corpse. With its low penalty ceiling of three months' imprisonment or a 5,000 baht fine, it closes the small four-section title, ranking below the penetration, indecency, and physical-damage offences in Sections 366/1 to 366/3.
Why this matters in practice
Exposure is modest: up to three months' imprisonment or a fine of up to 5,000 baht or both, the lowest in the group. It is a public offence prosecuted by the state rather than a compoundable one. The conduct can overlap with insult and defamation concepts, but this section is specific to a corpse, so the object of the act distinguishes it from the personal insult and defamation provisions elsewhere in the Code. Because the penalty is low and the elements narrow, disputes often turn on whether the act truly showed contempt for the corpse. A person facing such a charge can consult a Thai lawyer on the available defences.
Frequently asked questions
What is the penalty for insulting a corpse in Thailand?
Under Section 366/4 the penalty is imprisonment not exceeding three months, or a fine not exceeding 5,000 baht, or both. It is the lightest of the offences relating to dead bodies.
How does insulting a corpse differ from damaging a corpse?
Section 366/4 targets acts that insult or show contempt for a corpse, focusing on the affront to dignity by any means. Physical acts that damage, move, or destroy the remains fall under Section 366/3, which carries a higher penalty of up to three years.