Section 9: Official misconduct committed abroad
Statutory text (Thai original)
เจ้าพนักงานของรัฐบาลไทยกระทำความผิดตามที่บัญญัติไว้ในมาตรา ๑๔๗ ถึงมาตรา ๑๖๖ และมาตรา ๒๐๐ ถึงมาตรา ๒๐๕ นอกราชอาณาจักร จะต้องรับโทษในราชอาณาจักร
English translation
Where the offender is a Thai official and has committed, outside the Kingdom, an offence provided in Section 147 to Section 166 and Section 200 to Section 205, that person shall be punished within the Kingdom.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 9 is a targeted extension of extraterritorial jurisdiction based on the offender's status as a Thai official. It applies to office-related offences in Sections 147 to 166 (offences by officials against their duties, including embezzlement in office and bribery) and Sections 200 to 205 (offences by officials relating to the administration of justice). Unlike Section 8, it does not require a request for punishment, and unlike Section 7, it is keyed to the offender's official capacity rather than to a fixed list of harms. The provision ensures that Thai officials cannot escape accountability for corruption or abuse of office simply by acting abroad; Section 11 governs the effect of any prior foreign judgment.
Why this matters in practice
Section 9 is significant mainly in public-integrity and anti-corruption matters involving Thai officials posted or acting overseas. It means that acts such as accepting bribes, misusing office, or interfering with justice remain punishable at home even when done abroad, without needing a foreign request. For an official facing such an allegation, the key questions are whether the person held Thai official status at the material time and whether the conduct falls within the specific sections listed. Because these are public-office offences, they are generally not compoundable and carry serious penalty exposure, and related anti-corruption legislation may apply alongside the Penal Code.
Cited in 22 Supreme Court decisions (1966 to 2021)
Selected citing decisions
- Decision 4371/2564 (2021)
- Decision 5337/2562 (2019)
- Decision 2440/2562 (2019)
- Decision 3971/2560 (2017)
- Decision 10325/2550 (2007)
- Decision 7742/2548 (2005)
- Decision 3971/2548 (2005)
- Decision 7659/2543 (2000)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Section 91 12
- Section 78 10
- Section 29 10
- Section 90 9
- Section 30 9
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Can a Thai official be prosecuted in Thailand for corruption committed abroad?
Yes. Section 9 provides that a Thai official who commits the office-related offences in Sections 147 to 166 or 200 to 205 outside the Kingdom is to be punished within the Kingdom.
Does Section 9 need a request from a foreign government?
No. Section 9 does not require any request; it applies whenever a Thai official commits the listed office-related offences abroad.
Related guides on ThaiLawOnline
Cite this section
-
Plain citation
Penal Code, s. 9 (Thailand) -
Academic citation
Penal Code (Thailand), s. 9. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-9/ (accessed 21 August 2026). -
Thai citation
ป.อ. มาตรา 9 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-9/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-9/"><p>Where the offender is a Thai official and has committed, outside the Kingdom, an offence provided in Section 147 to Section 166 and Section 200 to Section 205, that person shall be punished within the Kingdom.</p><footer>Penal Code, s. 9 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-9/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.