Section 8 — Extraterritorial offences on request
English translation
Whoever commits an offence outside the Kingdom, and
(a) the offender is a Thai national and the government of the country where the offence occurred, or the injured person, has requested punishment; or
(b) the offender is an alien and the Thai Government or a Thai national is the injured person, and the injured person has requested punishment;
if that offence is one of the following, shall be punished within the Kingdom, namely:
(1) offences of causing danger to the public as provided in Section 217 to Section 224;
(2) offences relating to documents as provided in Section 264 to Section 268;
(3) sexual offences as provided in Section 276 to Section 285;
(4) offences against life as provided in Section 288 to Section 290;
(5) offences against the body as provided in Section 295 to Section 298;
(6) the offence of abandoning a child, a sick person, or an aged person as provided in Section 306 to Section 308;
(7) offences against liberty as provided in Section 309 to Section 320;
(8) the offences of theft and snatching as provided in Section 334 to Section 336;
(9) the offences of extortion, blackmail, robbery, and gang-robbery as provided in Section 337 to Section 340;
(10) the offence of fraud as provided in Section 341 to Section 344;
(11) the offence of misappropriation as provided in Section 352 to Section 354;
(12) the offence of receiving stolen property as provided in Section 357;
(13) the offence of causing damage to property as provided in Section 358 to Section 360.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 8 embodies the active and passive personality principles of jurisdiction, in contrast to the protective and universal basis of Section 7. It applies to a defined catalogue of ordinary offences committed abroad, but access to Thai jurisdiction is gated by two conditions: a link through nationality, either a Thai offender or a Thai State or Thai national victim, and a formal request for punishment by the foreign government or the injured person. The enumerated categories track the main Books of offences, from public-danger and document offences through offences against life, body, liberty, and property. Because the list is closed, offences under special statutes committed abroad fall outside Section 8, and Section 11 governs the effect of any earlier foreign judgment.
Why this matters in practice
Section 8 is the route by which a Thai victim harmed abroad, or the Thai State, can seek prosecution in Thailand, and by which a Thai national who offends abroad can be brought home to answer. The two gates matter: the offence must be within the closed list, and there must be a proper request for punishment. For victims, the request requirement means preserving evidence and lodging the request through the correct channel; for defendants, the absence of a qualifying request or the offence falling outside the list is a threshold objection. Because these are ordinary offences such as fraud, theft, and property damage, the same compoundability and settlement questions that apply domestically remain relevant once jurisdiction is established.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1172/2566 (2023)
Extraterritorial punishment under Section 8 is confined to the enumerated offence categories in Section 8(1) to (13); offences under special statutes committed outside the Kingdom fall outside Section 8 and cannot be punished in Thailand unless a law so provides.
The Supreme Court held that public-fraud borrowing and unlicensed finance-business conduct committed outside the Kingdom were not offences within Section 8(1) to (13), and since the relevant special statutes did not extend extraterritorial liability, the defendant could not be punished for them in Thailand.
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 Thai victim harmed abroad seek prosecution in Thailand?
For the offences listed in Section 8, yes, if the offender is a Thai national or the victim is the Thai State or a Thai national, and the required request for punishment is made.
How is Section 8 different from Section 7?
Section 7 applies to its listed offences abroad without any request. Section 8 requires a nationality link and a request for punishment from the foreign government or the injured person.
Do offences under special laws committed abroad fall under Section 8?
No. Section 8 lists specific Penal Code offences only. Offences under special statutes committed abroad are outside Section 8 unless another law extends liability.