Section 5 — Offences partly in the Kingdom
English translation
Any offence of which even a part of the act was committed within the Kingdom, or the result of which occurred within the Kingdom where the doer intended the result to occur within the Kingdom, or where by the nature of the act the result should occur within the Kingdom, or could reasonably have been foreseen to occur within the Kingdom, shall be deemed to have been committed within the Kingdom.
In the case of preparation for, or an attempt to commit, any act that the law provides to be an offence, even though that act was done outside the Kingdom, if the act, had it been carried through to completion, would have produced its result within the Kingdom, the preparation or the attempt to commit that offence shall be deemed to have been committed within the Kingdom.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 5 completes the territoriality rule in Section 4 by adopting both the conduct theory and the result theory of jurisdiction. Paragraph one deems an offence committed within the Kingdom in three situations: where any part of the act was done in the Kingdom; where the result occurred in the Kingdom and the doer intended it there; or where, by the nature of the act, the result should or could reasonably have been foreseen to occur in the Kingdom. Paragraph two reaches preparation and attempts carried out abroad when their completion would have produced a result in the Kingdom. Read with Section 4, this provision is what allows Thai courts to try cross-border offences such as fraud, trafficking, and abduction where the harm lands in Thailand even though part of the scheme runs from abroad.
Why this matters in practice
Section 5 is the key jurisdictional hook in modern cross-border cases. For a victim in Thailand defrauded by an operation run from abroad, the fact that the deception or the loss touched Thailand is usually enough to deem the offence committed in the Kingdom, so Thai courts can try it as an ordinary domestic case. For a foreigner operating from outside Thailand, it means that directing conduct at Thai victims does not avoid Thai jurisdiction. Because the deeming rule treats the offence as domestic, the special rules for wholly extraterritorial offences do not necessarily apply. Mapping exactly which acts and results occurred in Thailand is often decisive to jurisdiction.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2689/2565 (2022)
Where any deception or part of the act took place outside the Kingdom, that is treated as only preparation, an attempt, or part of the act done abroad, and under Section 5 the whole offence is deemed committed within the Kingdom.
The Supreme Court held that even if the defendant deceived the victim outside the Kingdom, that was only part of the act, so under Section 5 the offence was deemed committed within the Kingdom and the special procedure for wholly extraterritorial offences did not apply.
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Supreme Court Judgment No. 2787/2565 (2022)
Where one part of the offence was committed within the Kingdom and another part abroad, Section 5 paragraph one deems the offence committed within the Kingdom, and the Thai court may impose punishment.
In a case of abducting a minor for an indecent purpose where part of the conduct occurred abroad, the Supreme Court held under Section 5 paragraph one that the offence was deemed committed within the Kingdom, allowing the Thai court to convict.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can Thailand prosecute an online scam run from abroad?
Often yes. Under Section 5, if any part of the act or its intended result occurs in Thailand, the offence is deemed committed within the Kingdom and Thai courts can try it.
Does Section 5 cover preparation or attempts made abroad?
Yes. Section 5 paragraph two deems preparation or an attempt done outside Thailand as committed within the Kingdom if completing the act would have produced its result in Thailand.
What does result within the Kingdom mean?
It means the harmful result occurred in Thailand and the doer intended it there, or by the nature of the act the result should or could reasonably have been foreseen to occur in Thailand.