Section 9 — Official misconduct committed abroad
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.
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.