Section 88 — Instigator or supporter preventing the result
English translation
If the offence that was instigated, that was advertised or proclaimed, or that was supported has been carried out to the stage of commencing commission of the offence but has not been carried through, or has been carried through but without achieving its result, because the instigator or the supporter has dissuaded it or has acted to prevent that act from achieving its result, the instigator remains liable under Section 84 paragraph two or Section 85 paragraph one, as the case may be, while the supporter shall not be punished.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 88 sits in Book 1's chapter on principals and supporters and completes the rules on instigation (Section 84) and on advertising or supporting an offence (Sections 85 and 86). Its operative condition is an active intervention: the instigator or supporter must have dissuaded the act or acted to stop it from producing its result, and the crime must have halted at the attempt stage or failed to achieve its result. The consequence is deliberately asymmetric, since the instigator keeps a residual liability under Section 84 paragraph two or Section 85 paragraph one while the supporter is fully excused. It reads alongside Section 82 on voluntary withdrawal by the actor and the attempt rules in Sections 80 and 81.
Why this matters in practice
For anyone accused as an instigator or supporter, this section is a real mitigation route: documented efforts to call off or block the crime can wipe out a supporter's punishment entirely and cut an instigator's exposure to the residual liability in Section 84 paragraph two or Section 85 paragraph one. The intervention must be genuine and aimed at stopping the result, not a passive change of heart, so evidence of the warning or the preventive act is what counts. Because liability for participation turns heavily on the facts, early advice pays off; you can book a consultation to assess exposure.
Frequently asked questions
Does Section 88 apply if I only changed my mind but did nothing?
No. Section 88 requires an active intervention: the instigator or supporter must have dissuaded the act or done something to stop the result. A silent change of heart is not enough.
Is a supporter still punished if the crime was prevented?
Under Section 88, if the offence stopped at attempt or failed because the supporter acted to prevent the result, the supporter is not punished. The instigator, however, keeps a reduced liability.