Portal:7th House of Representatives of Thailand

“ However, if, according to the characteristics of the offence, the offender will have to be criminally liable to a higher penalty only when the offender is required to have known or been able to foresee that such an outcome could occur, the abettor, the person publishing or announcing to the general public [the statement] encouraging the commission of the offence, or the aider will have to be criminally liable to the higher penalty only when he has known or been able to foresee that there could be such an outcome as one that has occurred. ”

“ Samnak-ngan Ratchabandittayasapha (2016) says phan is equivalent to the English term variety or breed, and also says that phanpho (Thai: พันธุ์เพาะ) corresponds to cultigen or cultivar in English. In general understanding, phan, in terms of botany, refers to any source of a plant, such as a seed, and can also refer to a type or variety of plant. As for this whole clause, the English draft of the Penal Code merely says “sown” (Office of the Juridical Council, 1950, p. 29/102) .1 2 Samnak-ngan Ratchabandittayasapha (2013) defines phuetphan (Thai: พืชพันธุ์) as plant seed or seedling. ”

“ However, in the event that a law provides for a heavier penalty because of the status of a person or because of the relationships between the offender and the person suffering the unfavourable outcome, such law shall not be applied for the purpose of punishing the offender more heavily. ”

“ Penal Code shall apply to the imprisonment imposed instead of a fine according to any law, regardless of what such law might have prescribed. However, as for an offence committed prior to the day of coming into force of the [new] Penal Code, confinement shall not last more than one year for a fine imposed upon a single count or two years for a fine imposed upon several counts. ”

“ If the person sentenced to confinement desires to carry out a different work, [he] shall be permitted to choose to carry out any type of work of his own volition, but [this] must not be repugnant to the rules, regulations, discipline, or safety of the place. ”

“ If more than one criminal statute has been violated, the penalty is determined according to the statute which provides for the most severe penalty...” (Bohlander & Reusch, n.d.) .1 2 The Thai text literally translates “then [the court] shall aggravate the penalty which is to be handed down to that one, one...of the penalty which the court designates for the offence on the subsequent occasion”. The English draft of the Penal Code says “the Court shall have the punishment to be inflicted for the subsequent offence, if it be imprisonment, increased by one...” ”

“ As regards an act prescribed by law to be contributable to an offence, the preparation or attempt shall be deemed to be committed inside the Kingdom if the act is committed to the stage of completion, its result would occur inside the Kingdom, even in reality such preparation or attempt is committed outside the Kingdom. ”

“ Whoever forms an organisation or participates as a member in an organisation the objectives or activities of which are directed at the commission of offences which incur a penalty of a maximum term of imprisonment of at least two years incurs a penalty of imprisonment... ”

“ From and after the coming into operation of the Criminal Code, when in any law reference is made to the Penal Code or its provisions, it shall be taken that reference is intended to the Criminal Code or its corresponding provisions, as the case may be. ”

“ Or if a judgment of death has been rendered and the penalty imposable pursuant to the subsequent law is not serious to the extent of death, then the enforcement of the judgment of death shall be stayed and the death penalty imposed shall be deemed to have been changed to the most serious penalty imposable under the said subsequent law. ”

“ If the father, mother, guardian, or person with whom the child resides fails to pay the amount, the court may order that property of the father, mother, guardian, or person with whom the child resides be seized to cover the amount which needs to be paid. ”

“ Sammanen (Thai: สามเณร) , from Pali sāmaṇera (“progeny of samaṇa”) , refers to a “person assuming priesthood like a phiksu but merely observing the Ten Precepts”. Nakphrot (Thai: นักพรต) , from Thai nak (agent noun prefix) + phrot (“asceticism”) , refers to a “practitioner of phrot”. Nakbuat (Thai: นักบวช) , from Thai nak (agent noun prefix) + buat (“to ordain”) , refers to a “person who has been ordained according to any cult or religion, as phiksu, sammanen, or bat-luang [Christian priest] ”. ”