Section 81 — Impossible attempt
English translation
Whoever does an act aiming at a result that definitely cannot be achieved, owing to the means used or owing to the object at which the act is aimed, shall be deemed to attempt to commit the offence, but shall be liable to not more than one half of the punishment prescribed by law for that offence.
If the act referred to in the first paragraph arises from a superstitious belief, the court may decline to impose punishment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 81, in Book 1 within the Title on Attempt, covers the factually impossible attempt, where success is ruled out from the start by the means chosen (for example a defective weapon) or by the object aimed at (for example a target that is not what the offender believed). The conduct is still treated as an attempt, so the offender is not exonerated, but the punishment cap is lighter than ordinary attempt: not more than one half of the completed-offence penalty, against the two thirds under section 80. The second paragraph adds a special indulgence: if the impossible attempt sprang from a superstitious belief, the court may impose no punishment at all. This is distinct from section 80 (attempt that could have succeeded) and from section 82 (voluntary desistance).
Why this matters in practice
For the defence, establishing that success was impossible from the outset shifts the case from the two-thirds cap of section 80 down to the one-half cap of section 81, a meaningful reduction in a serious charge. Whether a gun failed to fire because the round was a dud (impossibility) rather than by chance is a question of fact, so the factual record on the means used is decisive. If the conduct rested on a superstitious belief that it could cause harm, press for no punishment under the second paragraph. Reductions under sections 75, 76 and 78 can apply on top of the section 81 cap.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3761/2563 (2020)
An attempt that definitely could not achieve its result is punished under section 288 read with section 81, at the reduced cap for an impossible attempt.
The court found the defendant guilty of attempted murder under section 288 read with section 81, treating the killing attempt as one that definitely could not achieve its result and applying the lighter punishment cap for an impossible attempt.
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Supreme Court Judgment No. 7571/2560 (2017)
A person may be convicted of attempted murder that definitely could not succeed under section 81, and this may combine with the mistaken-victim rule.
The appellate court found the first defendant guilty of attempted murder that definitely could not achieve its result under section 288 read with section 81, in one count also read with section 60, treating the two as a single act violating several provisions and imposing the impossible-attempt penalty before mitigation.
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 an impossible attempt under Thai law?
Under section 81 it is an act aimed at a result that definitely cannot be achieved because of the means used or the object aimed at. It is still an attempt but is punished at no more than one half of the offence penalty.
Can the court impose no punishment for an impossible attempt?
Yes, but only in one situation: if the impossible attempt arose from a superstitious belief, section 81 lets the court decline to impose punishment.