Section 73 — Child under 12 not punishable
English translation
A child not over twelve years of age who commits an act that the law provides to be an offence shall not be punished.
The inquiry official shall deliver the child under paragraph one to the competent official under the law on child protection, in order to carry out the protection of the child's welfare under that law.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision sits in Book 1 (General Provisions), in the Title on Criminal Liability, and fixes the minimum age of criminal responsibility. It creates an absolute bar to punishment based solely on the offender's age, regardless of intent or the seriousness of the act, so no penalty of any kind can attach. The age controlling is the age at the moment of the act, not at trial. The threshold in this section has been raised by successive amendments over the years, so older Supreme Court decisions may apply the section to a lower age. It opens a graduated scheme continued in section 74 (over 12 to 15, no punishment but court measures), section 75 (over 15 to under 18, discretionary half reduction) and section 76 (18 to under 20, discretionary reduction).
Why this matters in practice
If the accused was twelve or younger at the time of the act, this is a complete answer to punishment: no fine, no imprisonment, no criminal record penalty can be imposed, and the matter is diverted to child-welfare protection rather than a criminal sanction. Because age at the time of the act governs, establishing the child's date of birth is often the decisive point. For families navigating how criminal exposure works for minors, early advice matters; see our overview of criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7066/2554 (2011)
A child below the statutory age of criminal responsibility is not liable to punishment under section 73; the child's age at the time of the act is decisive.
The defendant caused death by negligence (section 291) while just over seven years old. The court held that, because of the child's age at the time of the act, the child was not liable to punishment under section 73.
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 a child under 12 be sent to prison in Thailand?
No. Under section 73 a child aged twelve or younger at the time of the act is not punished at all, so imprisonment and fines are unavailable; the child is instead placed under child-welfare protection.
Which age counts, the age when the act was done or the age at trial?
The age at the time of the act controls. If the child was not over twelve when the offence occurred, section 73 applies even if the child is older by the time of trial.