Crime of Mischief

Section 358

Likewise this Section addresses acts resulting in the damage, destruction, devaluation, or rendering unusable of property. This property belonging to another individual or co-owned by them. These types of transgressions constitute mischief and warrant punitive measures. This of imprisonment not exceeding three years, a fine not exceeding six thousand Baht, or both.

Example Case

The defendant in this case had placed rice mixed with insecticide close to the pond frequented by the victim’s ducks. To the court this demonstrated clear intent to harm the victims ducks. This evidence supports the conclusion that the defendant aimed to kill the victim’s ducks. Likewise under the provisions of Section 358 of the Criminal Code. The defendant is culpable for causing loss of property. Supreme Court Ruling 463/2536

Section 359

Which also covers the aggravated forms of mischief targeting specific categories of property incur heightened penalties. Note that the aggravated form of mischief as offences against engines or machinery used for agricultural or industrial purposes. Likewise, livestock, conveyances or beasts of burden (Buffalo) employed for public or private transportation. This as well as plants or produce of agriculturists, entail imprisonment not exceeding five years, a fine not exceeding ten thousand Baht, or both.

Example Case

The Penal Code defines the term “livestock” specifically pertains to four-legged animals raised for consumption as food. You will find this under Section 359(2) of the Criminal Code. So in this matter the defendant used a knife to inflict a severe wound. This almost severing the leg of the victim’s pig. Now because of this action it constitutes an offense resulting in the loss of property categorized as livestock. Supreme Court Ruling 2046/2515

Section 360

Likewise this Section you will note the more specific as it now addresses acts of mischief targeting property which is utilized or possessed for public benefit. Perpetrators of such offences face incarceration not exceeding five years, a fine not exceeding ten thousand Baht, or both.

Case Example

Despite the government’s failing to use disputed land designated for public interest. This was to build a bridge across a river. This failure did not grant the two defendants license to encroach upon the land. Their actions, which involved constructing a building and establishing a marina without proper authorization, remain unlawful. Even though the constructed building has since been demolished, it does not absolve the defendants of their initial offense. Supreme Court Ruling 392/2544

Furthermore, Section 360 bis expands the purview of mischief to include properties specified in Section 335 bis, situated in locations designated by the second paragraph of said section. The commission of mischief against such properties warrants severe penalties of imprisonment not exceeding ten years, a fine not exceeding twenty thousand Baht, or both.

Section 361

Likewise show that offences outlined in Sections 358 and 359 are deemed compoundable offences. Likewise, acknowledging the possibility of resolution through mutual agreement between the involved parties, within the framework of the law.

This is the smallest Section of the Penal Code and you will not that intention is important in this Section. Likewise a good example is the following case.

Case Example

The defendant erected a fence around the land belonging to Ms. 3, which included encroachment upon a public creek and the appropriation of a public well for personal use. While the defendant’s actions resulted in the inhibition of public access to the well, there was no direct intention to damage or render the well useless. The construction of the fence, while impeding public access to the well, did not entail any deliberate acts to damage or render the well unusable. Therefore, the defendant’s actions do not meet the criteria for prosecution under Section 360 of the Criminal Code. Supreme Court Judgment No. 361/2518

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