Section 82 — Voluntary desistance from attempt
English translation
Whoever, having commenced the commission of an offence, desists of his own accord from carrying it through, or turns back to prevent the act from achieving its result, shall not be punished for that attempt to commit the offence; but if what has already been done itself constitutes another completed offence, that person shall be punished for that other offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 82, in Book 1 within the Title on Attempt, rewards voluntary withdrawal. It has two limbs: desisting of one's own accord from carrying the offence through, and, where the act has already been completed, actively turning back to prevent it from achieving its result. In either case the offender bears no punishment for the attempt itself. The key word is voluntary: the offender must stop by choice, not because of an external obstacle or because the plan was frustrated. The proviso is important, it does not wipe the slate clean: whatever completed offence has already been committed along the way, such as an assault or property damage, remains punishable. It stands apart from section 80, where the attempt is punished, and section 81, where an impossible attempt is punished at a reduced rate.
Why this matters in practice
The practical prize under this section is complete escape from liability for the attempt, but it is available only where the withdrawal was genuinely voluntary and, in the second limb, active enough to prevent the result. Courts read voluntariness strictly: handing over an item to complete the plan, or stopping only because caught or thwarted, does not qualify. Even when the section applies, count on being charged for any completed offence already committed on the way to the abandoned goal, so the defence should map exactly which acts were finished and which were abandoned.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 334/2564 (2021)
Completing the intended act, rather than voluntarily desisting or turning back to prevent the result, does not fall within section 82 and does not excuse the offender.
The defendant argued no liability under section 82, but the court held that handing over the hard disk to unlock the trial software was carrying the act through, not a voluntary desistance or turning back to prevent the result, so section 82 did not apply.
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Supreme Court Judgment No. 339/2564 (2021)
Where section 82 removes liability for an attempt, the offender still bears punishment for any separate completed offence committed in the course of the conduct.
The court held the defendant did not have to bear punishment for attempted rape under section 82, but remained liable and was punished for the completed offence of an indecent act under section 279, illustrating the section's proviso on other completed offences.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
If I stop a crime myself, am I still punished?
Under section 82, if you voluntarily desist or turn back to prevent the result, you are not punished for the attempt. But you remain liable for any separate offence already completed before you stopped.
Does stopping only because I was caught count under section 82?
No. Section 82 requires a voluntary withdrawal. Stopping because of an external obstacle, or because the plan was frustrated or discovered, does not qualify as desisting of one's own accord.