Offences against administration of justice

Thailand

Thailand - Criminal Code 2003 (2008) EN

TITLE III
OFFENCE RELATING TO JUSTICE
CHAPTER 1
OFFENCE AGAINST THE JUDICIAL OFFICIALS

Section 167. Whoever, giving, offering or agreeing to give the property or any other benefit to the official in the judicial post, Public Prosecutor, Official to conduct the cases or Inquiry Official so as to induce oneself wrongfully to do, or not to do the act or to delay the doing of any act, shall be imprisoned not out of seven years and fined not out of fourteen thousand Baht.

Prosecutor, official conducting cases or inquiry official requiring him to come and make statement, shall be punished with imprisonment not exceeding three months or fined not exceeding five hundred Baht, or both.

Section 169. Whoever, refusing to comply with the lawful requisition of the Public Prosecutor, official to conduct the cases or to inquiry official requiring oneself to forward of manage to be forwarded any property or document, to take the oath, to make the affirmation or to make the statement, shall be imprisoned not out of three months or fined not out of five hundred Baht, or both.

Section 170. Whoever, refusing to comply with a writ or order of the Court requiring him to come and make a statement, to come and give evidence or to forward any property or document in any judicial proceeding, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both.

Section 171. Whoever, refusing to comply with the order of the Court to require one to take the oath, to make the affirmation or the statement, or to give the evidence, shall be imprisoned not out of six months or fined not out of one thousand Baht, or both.

Section 172. Whoever, giving any false information concerning a criminal offence, which may likely cause injury to the other person or the public, to the Public Prosecutor, official conducting cases, inquiry official or any official who has the power to investigate the criminal cases, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

Section 173. Whoever, giving the information of the offence, which oneself Knowing not to have been committed, to the inquiry official or the official having the power to investigate the criminal cases, shall be imprisoned not out of three years and fined not out of six thousand Baht.

Section 174. If the information according to Section 172 or Section 173 is in order to maliciously subject any person to the measures of safety, the offender shall be punished with imprisonment not exceeding three years and fined not exceeding six thousand Baht.

If the information according to the first paragraph is in order to maliciously subject
any person to a punishment or a heavier punishment, the offender shall be punished
with imprisonment not exceeding five years and fined not exceeding ten thousand Baht.

Section 175. Whoever, taking the false information to charge the person in the Court with the commission of the criminal offence out of it to be really, shah be imprisoned not out of five years and fined not out of ten thousand Baht.

Section 176. Whenever any person having committed the offence according to Section 175 apologizes to the Court, and withdraws or amends the charge before the judgment of the Court is given, the Court shall inflict less punishment to any extent than that provided by the law, or the Court may not inflict the punishment at all.

Section 177. Whoever, giving a false evidence to the Court in the judicial proceedings, if such false evidence is an essential matter in the case, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

If the offence mentioned in the first paragraph is committed in the criminal proceeding, the offender shall be punished with imprisonment not exceeding seven years and fined not exceeding fourteen thousand Baht.

Section 178. Whoever, required by the official in the judicial post, Public Prosecutor,
Official Conducting the cases or Inquiry Official to translate any of statement or
means to render the wrong translation of such statement, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Section 179. Whoever, fabricating a false evidence in order that an inquiry official or an official who has the power to investigate the criminal cases may believe that any criminal offence has occurred, or may believe that the criminal offence occurred is more serious than it is really, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

Section 180. Whoever, adducing or producing a false evidence in any judicial proceedings, if it is an evidence in an essential matter of the case, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both.

If the offence mentioned in the first paragraph is committed in the criminal proceedings, the offender shall be punished with imprisonment not exceeding seven years and fined not exceeding fourteen thousand Baht.

Section 181. If the commission of the offences according to Section 174, 175, 177, 178 or 180:
(1) Is in the case charging any person with the commission of an offence whose punishment is imprisonment of three years upwards, the offender shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht;

(2) Is in the case charging any person with the commission of an offence whose punishment is death or imprisonment for life, the offender shall be punished with imprisonment of one to fifteen years and fined of two thousand to thirty thousand Baht.

Section 182. Whoever, having committed the offence according to Section 177 or 178, apologizes and declares the truth to the Court or an official before the conclusion of his statement or translation, shall not be punished.

Section 183. Whoever, to have committed the offence under Section 177 or Section 178, apologized and declared the truth to the Court or the Official before the judgment to be given and before oneself to be charged with the offence committed, the Court may inflict less punishment to any extent than the prescribed by the law.

Section 184. Whoever, in order to help the other person not to be punished or to receive less punishment, damages, destroys, conceals, makes away with, loses or renders useless an evidence in the commission of an offence, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Section 185. Whoever, damaging, destroying, concealing, making away with, losing or rendering useless any property or document deposited with the Court or kept by the Court in the judicial proceedings, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Section 186. Whoever, damaging, destroying, concealing, making away losing or rendering useless any of property forfeited by the judgment of the Court, shall be imprisoned not out of three years or fined not out of one hundred Baht, or both.

Section 187. Whoever, in order to prevent the execution of the judgment or order of the Court, damages, destroys, conceals, makes away with, loses or renders useless the property which is seized or attached, or which he knows likely to be seized or attached, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht or both.

Section 188. Whoever, damaging, destroying, concealing, making away, losing or rendering useless will or document of the other person in the manner likely to cause injury to another person or the public people, shall be imprisoned not out of five years and fined not out of ten thousand Baht.

Section 189. Whoever assists the other person who commits or is alleged of having committed an offence which is not a petty offence so that such person may not be punished by giving him lodging, by hiding, or by assisting him by any means so that he may not be arrested, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

Section 190. Whoever, escaping during confinement under the power of Court, a Public Prosecutor, an inquiry official or an official who has the power to investigate the criminal cases, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both.

If the offence as mentioned in the first paragraph is committed by breaking open the place of confinement, by doing any act of violence, by threatening to do any act of violence or by participation of three persons upwards, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

If the offence according to this Section is committed by the offender carrying or using any gun, or explosive, the offender shall be liable to heavier punishment than that as provided in the two preceding paragraphs by one-half.

Section 190 amended by the Article 4 of the Decree (No. 11) of the National Executive Council in B.E. 2514.

Section 191. Whoever, by any means, causes to the persons under confinement by the power of Court, a Public Prosecutor, an inquiry official or an official who has the power to investigate the criminal cases to be released from such confinement, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

If the persons so released from such confinement are the persons sentenced by any Court to death, imprisonment for life or imprisonment of fifteen years upwards, or numbering from three persons upwards, the offender shall be punished with imprisonment of six months to seven years and fined of one to fourteen thousand Baht.

If the offence according to this Section is committed by doing any act of violence, threatening to do any act of violence, or carrying or using any gun or explosive, the offender shall be liable to heavier punishment than that as provided in the two preceding paragraphs by one-half.

Section 191 amended by the Article 4 of the Decree (No. 11) of the National Executive Council in B.E. 2514.

Section 192. Whoever, harboring, hiding or assisting with any means the person escaped from the lawful custody under the power of the Court, inquiry official or official empowered to investigate the criminal cases so as to such person may not be arrested, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Section 193. If the offence mentioned in Section 184, 189 or 192 is committed in order to help the father, mother, child, husband or wife, the Court may not inflict any punishment.

Section 194. Whoever, to be sentenced not to be entered the specified area under Section 45, to have entered in such areas, shall be imprisoned not out of one year or fined not out of two thousand Baht, or both.

Section 195. Whoever, escaping from an institution of treatment where the Court has given order to restrain him according to Section 49, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both.

Section 196. Whoever, violating the prohibition order of the Court given in the judgment under Section 50, shall be imprisoned not out of six months or fined not out of one thousand Baht, or both.

Section 197. Whoever, to do or threaten to do an act of violence, to give or agree to give the benefit for hindering or obstructing the public auction of the official on account of the judgment or order of the Court, shall be imprisoned not out of six months or fined not out of one thousand Baht or both.

Section 198. Whoever, insulting the Court or the judge in the trial or adjudication of
the case, or obstructing the trial or adjudication of the Court, shall be punished with
imprisonment of one to seven years or fined of two thousand to fourteen thousand Bahr or both.

Section 198 amended by Article 5 of the Order (No. 41) of the National Administrative Reform Council in B.E. 2519.

Section 199. Whoever, stealthily burying, concealing, removing or destroying the corpse or part of the corpse so as to conceal the birth, death or cause of death, shall be imprisoned not out of one year or fined not out of two thousand Baht, or both.

CHAPTER 2
MALFEASANCE IN JUDICIAL OFFICE

Section 200. Whoever, being an official in the post of a Public Prosecutor, an official conducting cases, an inquiry official, or an official who has the power to investigate the criminal cases or to execute a criminal warrant, wrongfully exercises or does not exercise any of his functions in order to assist any person not to receive punishment or to receive less punishment, shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht.

If such exercise or non-exercise is to maliciously cause any person to be punished, to be punished heavier or to be subjected to the measures of safety, the offender shall be punished with imprisonment for life or imprisonment of one to twenty years, and fined of two thousand to forty thousand Baht.

Section 201. Whoever, to be the official in the judicial post, Public Prosecutor, official conducting the cases or the inquiry official, wrongfully to demand, accept or agree to accept the property or any other benefit for oneself or the other person so as to exercise or non-exercise any act, whether such exercise or non-exercise wrongfully oneself's function or not, shall be imprisoned as from five years to twenty years or life imprisonment and fined as from two thousand Baht to forty thousand Baht, or death.

Section 201 amended by Section 14 of the Criminal Code Amendment Act, B.E. 2502.

Section 202. Whoever, being an official in a judicial post, a Public Prosecutor, an official conducting cases or an inquiry official, exercises or does not exercise any of his functions in consideration of a property or any other benefit which he has demanded, accepted or agreed to accept before his appointment to such post, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fined of two thousand to forty thousand Bahr, or death.

Section 202 amended by Section 15 of the Criminal Code Amendment Act, B.E. 2502.

Section 203. Whoever, to be the official having the duty executing the judgment or order of the Court, to prevent or the obstruct the execution of such judgment or order, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Section 204. Whoever, being an official having the function to control and to take care of any person in lawful custody under the power of the Court, an inquiry official or an official who has the power to investigate the criminal cases, causes, by any means whatever, such person to be released from the custody, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht.

If the persons so released from the custody be persons sentenced by any Court to death, to imprisonment for life or to imprisonment of fifteen years upwards, or numbering from three persons upwards, the offender shall be punished with imprisonment of two to ten years and fined of four thousand to twenty thousand Baht.

Section 205. If the offence mentioned in Section 204 is committed by negligence, the offender shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.
If the persons so released from the custody by negligence be persons sentenced by any Court to death, imprisonment for life or imprisonment of fifteen years upwards, or numbering from three persons upwards, the offender shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both.

If the offender causes the person released from the custody to be retaken within three months, the punishment inflicted upon the offender shall cease forthwith.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.