Portal:National Legislative Assembly of Thailand

“ Section⁠8.⁠The stipulations of section 84 of the Penal Code shall be repealed and replaced by the following stipulations:
"Section⁠84.⁠Whoever causes another person to commit an offence, whether by employment, forcing, threatening, hiring, asking, or encouragement, or by any other way, is an abettor.
If the offence has not been committed, whether because the abetted refused to commit it or has not yet committed it or because of any other reason, the abettor shall merely be punished with one third of the punishment designated for the offence. ”

“ Possession of child pornography amounts to violation of fundamental rights of children according to the Convention on the Rights of the Child and is a factor contributing to sexual abuse of children and affecting the welfare of children. In addition, the offences relating to trading in or circulating obscene objects or materials do not distinguish child pornography from adult pornography, despite the fact that their criminal characteristics are of different degrees of severity. ”

“ As for the offence prescribed in paragraph 1, if it is committed by a person aged not over eighteen years against a child whose age is above thirteen years but still not over fifteen years with the consent of that child, the court having the power to try juvenile and family cases may consider implementing the welfare protection for the child victim or the offender according to the law on child protection instead of imposing a punishment. ”

“ If the offence under paragraph 4 or paragraph 5 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy, it shall be punished with punishment of imprisonment for life. ”

“ Whereas now terrorism and transnational crimes have greatly increased in terms of intensity and complexity of forms, in which passports have been used as an instrument of the commission, resulting in an impact upon national security of the Country and international relations, it is appropriate to extend the scope of the offences relating to passports and it is appropriate to designate rates of punishment suitable for the offences. ”

“ Moreover, in the event that a court has issued any kind of order, the court [should be permitted to] punish the offender more lightly in any degree than that designated by the law for his offence, in order to prevent the offender from using the marriage to avoid the punishment. ”

“ At present, the child age criteria designated for cases in which criminal offences are committed by children are not yet proper and still disagree with the child age criteria designated in various laws of Thailand as well as the the United Nations' Convention on the Rights of the Child 1989 and International Covenant on Civil and Political Rights 1966, to which Thailand has become a party. ”

“ The court may, as proper for the case, designate one or several of the following clauses as the conditions for supervision of behaviour of the offender according to paragraph 1:
(1) ⁠he is required to occasionally report himself to an officer as specified by the court, in order that the officer would conduct interrogation, offer advice, provide assistance, or give warning in regard to his behaviour and occupation as found appropriate, or would arrange for him to perform a work of social service or work of public interest ”

“ When the person fined has incurred confinement instead of the fine until completion of the term, he shall be released on the day following the day of such completion. If money is provided to pay up his fine, he shall be released forthwith. ”