Section 75 — Offender 15 to 18: discretion and half reduction
English translation
Whoever, being over fifteen but under eighteen years of age, commits an act that the law provides to be an offence, the court shall consider the sense of responsibility and all other matters concerning that person in order to exercise its discretion whether it is appropriate to pass judgment imposing punishment on that person or not.
If the court is of the opinion that it is not appropriate to pass judgment imposing punishment, it shall proceed under section 74.
If the court is of the opinion that it is appropriate to pass judgment imposing punishment, it shall reduce the scale of the punishment prescribed for that offence by one half.
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, in Book 1 within the Title on Criminal Liability, governs the middle band of the graduated age scheme. Unlike sections 73 and 74, an offender in this band can be convicted and punished, but only after the court has assessed the person's maturity and sense of responsibility and only with the punishment scale mandatorily reduced by one half. The court retains a choice: it may decline to punish and instead apply the protective and rehabilitative measures of section 74, or it may convict and halve the punishment. The one-half reduction here is a reduction of the scale of the prescribed punishment (mandatory), separate from any further discretionary mitigation the court may allow under section 78.
Why this matters in practice
For a teenager in the 15-to-18 band, two levers matter most: whether the court will convict at all, and, if it does, that the punishment scale is halved before any other mitigation. In practice courts often combine the mandatory half reduction under this section with a further discretionary reduction under section 78 for a guilty plea or useful cooperation, so the eventual term can be well below the headline penalty. Age at the time of the act, together with reports on the youth's background, drives the outcome.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 234/2567 (2024)
Where the offender is over fifteen but under eighteen at the time of the act, the court reduces the scale of the prescribed punishment by one half under section 75.
The defendant, aged seventeen at the time, was convicted of an offence carrying heavy punishment. The court reduced the scale of punishment by one half under section 75, then allowed a further reduction under section 78 for the guilty plea.
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Supreme Court Judgment No. 1656/2567 (2024)
Each co-defendant aged sixteen and seventeen receives the mandatory one-half reduction of the punishment scale under section 75.
Two co-defendants, aged sixteen and seventeen at the time, were convicted of jointly causing grievous bodily harm. The court applied the one-half reduction of the punishment scale to each under section 75 before further mitigation for their guilty pleas.
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Supreme Court Judgment No. 3277/2566 (2023)
A defendant aged sixteen at the time of the act has the punishment scale reduced by one half on each count under section 75.
The defendant, aged sixteen at the time, was convicted on multiple counts including an indecent act against a child. The court reduced the scale of punishment by one half on each count under section 75 before allowing mitigation under section 78.
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 much is the sentence reduced for a 16 or 17 year old?
If the court decides to punish an offender over fifteen but under eighteen, section 75 requires the scale of the prescribed punishment to be reduced by one half, before any further mitigation.
Can a court decline to punish a 15 to 18 year old entirely?
Yes. If the court finds it inappropriate to punish, section 75 directs it to use the protective and rehabilitative measures in section 74 instead of imposing a penalty.