Section 80 — Attempt to commit an offence
English translation
Whoever commences the commission of an offence but does not carry it through, or carries it through but the act does not achieve its result, that person attempts to commit the offence.
Whoever attempts to commit an offence shall be liable to two thirds of the punishment prescribed by law for that offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This is the core attempt provision in Book 1, in the Title on Attempt. It has two elements: the offender must have commenced execution of the offence, moving beyond mere preparation, and the offence must remain incomplete either because the act was not carried through or because it was carried through but did not produce the intended result. Where those elements are met, the attempt is punished at two thirds of the completed-offence penalty. Section 80 is the ordinary attempt; it is distinguished from section 81, which deals with attempts that definitely cannot succeed and carries a lighter cap of one half, and from section 82, where voluntary desistance removes liability for the attempt. In serious offences such as attempted murder, the two-thirds rule under section 80 is regularly combined with related rules on foreseeability of the result.
Why this matters in practice
The dividing line between preparation and attempt is often the real battleground: liability under section 80 only begins once the accused has commenced execution, so evidence that conduct was still preparatory can defeat the charge. If an attempt is proved, the exposure is capped at two thirds of the completed-offence penalty, and further reductions for young offenders or mitigation under sections 75, 76 and 78 can bring it lower. For a factually impossible attempt, argue for the lighter treatment under section 81 instead; where the accused stopped of their own accord, argue section 82.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6876/2568 (2025)
Where the offender can foresee that a shot may hit the victim, that constitutes an attempt to kill under section 80, even without seeing the person.
The defendant fired towards sounds of a person approaching the house. The court held the defendant could foresee that the bullet might strike the victim, who was the defendant's mother, so the conduct amounted to attempted murder of an ascendant under section 80 read with the aggravating provisions.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the punishment for attempting a crime in Thailand?
Under section 80 an attempt is punished at two thirds of the penalty prescribed for the completed offence, and further reductions may apply for young offenders or mitigating circumstances.
What is the difference between preparation and attempt?
Attempt under section 80 requires the offender to have commenced committing the offence. Conduct that is still mere preparation, before execution begins, is not an attempt and generally is not punishable.