Murder Charges

Section 288

If someone kills another person, they could either get the death penalty or be put in prison for 15 to 20 years.

Section 289

If someone kills:

1. Their parent or ancestor,
2. A government official while they’re doing their job or because they did their job,
3. Someone helping a government official or because they helped them,
4. Another person on purpose,
5. Another person using torture or cruelty,
6. Another person to help commit another crime or cover it up, or
7. Another person to benefit from a crime or avoid getting caught for it.

– Section 289 (2) of the Criminal Code (Define in the line of duty)

In the scenario where it’s considered a crime to kill an official while they’re carrying out their duties under Section 289 (2) of the Criminal Code, it’s essential that the official is indeed engaged in one of their duties at the time of the incident.

In this case, the deceased held the position of duty sergeant and was simply watching television in a resting tent when the defendant and his gang attacked and killed him. At that moment, the deceased wasn’t actively performing any of his official duties. Therefore, this doesn’t qualify as the killing of an official in the line of duty. Supreme Court Judgment No. 3090/1990

– Section 289 (2) of the Criminal Code (Define in the line of duty)

The two defendants pursued victims 1 and 2 to a location where victims 3 to 6 were gathered. Despite knowing that victims 3 and 4 were uniformed police officers, the defendants proceeded to shoot at the group, resulting in the death of the sixth victim and serious injuries to victims 4 and 5. The defendants are collectively liable for attempted murder of victims 3 and 4, who were officers acting in their official capacity.

The Court of First Instance failed to appropriately adjust the sentence for the offense of attempting to kill an official in the line of duty, as stipulated in Section 289(2) of the Criminal Code, and Section 52(1). Though the plaintiff did not appeal, the Supreme Court has the authority to rectify this error. Supreme Court Judgment No. 5409/1990

So from the two cases we can see that the sentence will be different. Killing a government official while on duty will receive a much harsher sentence. The examples listed above is the murder of policemen while on duty and what will be defined as being on duty at the time of the murder or attempted murder.

– Section 289 (3) of the Criminal Code (Police Assistance)

The police requested assistance from the owner of a motorboat to pursue a suspect. When they caught up with the suspect, he fled onto the riverbank. Both the police and the boat owner chased after him. During the pursuit, the suspect shot at the boat owner, causing physical harm.

This action constituted an attempt to kill the boat owner, who was aiding the police in the performance of their duty. This offense falls under Section 289(3) of the Criminal Code. Additionally, the suspect’s use of violent force to resist or obstruct those obligated to assist law enforcement is also a violation under Section 138. Supreme Court Judgment No. 2228/2515

– Section 289 (4) of the Criminal Code (Premeditated Murder)

The defendant harbored resentment towards the deceased, who had demanded payment for a food bill owed to the shop owner. After settling the bill, they retrieved a gun and a grenade from the defendant’s house. Upon returning to the restaurant, the defendant stood by with the grenade while M. shot and killed the deceased.

The defendant then inquired if the deceased was dead before fleeing the scene with M. These circumstances indicate that the defendant collaborated with M. to intentionally kill the deceased. Their actions, motivated by anger over the deceased’s demands, constitute premeditated murder under Section 289 (4) of the Criminal Code. Supreme Court Judgment No. 2665/2527

– Section 289 (5) of the Code (Brutal Murder – Definition) No intent

The defendant strangled the deceased multiple times, eventually causing the deceased’s death by breaking their neck. This deliberate and continuous action demonstrates the intent to cause death, but it does not meet the criteria for an act of cruelty under Section 289 (5) of the Criminal Code. Supreme Court Judgment No. 1684/2511

– Section 289 (5) of the Code (Brutal Murder – Definition) No Intent

The mere fact that the defendant used a razor to inflict four wounds on the deceased does not constitute sufficient evidence to classify the act as torture or cruelty. As such, the case does not align with the criteria outlined for cruelty under Section 289(5) of the Criminal Code. Therefore, the defendant is solely guilty under Section 288 of the Criminal Code. Supreme Court Judgment No. 1684/2511

– Section 289 (5) of the Code (Brutal Murder – Definition) Intent

The defendant forcefully pulled the deceased into the house and proceeded to viciously cut the deceased’s throat with a knife, slicing deeply to the nape of the neck. The defendant took considerable time to inflict this wound, resulting in a prolonged period of agony and suffering for the deceased, who cried out due to the intense pain.

This method of killing, characterized by its cruelty and deliberate infliction of suffering, falls squarely within the parameters of murder by cruelty as defined in Section 289(5) of the Criminal Code. Therefore, the defendant is indeed guilty of this offense. Supreme Court Judgment No. 1817/2546

– Section 289 (6) and (7) of the Criminal Code (Accomplice)

If a robbery involves stealing items like cash, gold jewelry, merchandise, amulets, coins, various monks, and Khmer amulets, but not property listed under Section 335 bis, it’s not considered a crime under Section 340 bis of the Criminal Code.

In a specific case, S. and Ch. were involved in a robbery and carried a gun to threaten anyone who resisted. During the robbery, when B. tried to resist and escape, both defendants shot and killed B. It was their intention to kill B., even though it wasn’t clear whose bullet actually caused B.’s death. However, the defendant was found guilty of working together with others to kill B., under Section 289(6) and (7) of the Criminal Code. Supreme Court Judgment No. 157/2520

– Section 289 (7) of the Criminal Code (Covering a Crime)

The plaintiff is suing the defendant for killing a police officer, claiming that the defendant did so to escape and hide the crime of using a firearm to kill someone else, which is a crime under Section 289(7) of the Criminal Code.

The court will punish the defendant for killing the police officer in connection with this crime. However, the defendant cannot be punished for killing the police officer in the line of duty under Section 289(2) because it goes beyond what the plaintiff is suing for and is not something the plaintiff wants to be punished for according to Section 192 of the Criminal Procedure Code. Supreme Court Judgment No. 2078/2530

Section 290

If someone causes someone else’s death by hurting them without trying to kill them, they could go to prison for 3 to 15 years. If they did it under the circumstances in Section 289, they could be in prison for 3 to 20 years. The example is where a stabbing takes place but the objective was not to kill anyone. This we find mainly in assault cases in Thailand.

Section 291

If someone accidentally causes someone else’s death because they were careless, they could go to prison for up to 10 years or be fined up to 20,000 Baht. You drive your car while you know that the car has no breaks. When a car stops and you have the inability to break and you cause their death.

Section 292

If someone is cruel to a person who relies on them for support, and that person ends up killing themselves or trying to, the cruel person could go to prison for up to 7 years and be fined up to 14,000 Baht.

Section 293

If someone encourages a child under 16 or someone who can’t understand what they’re doing to try to kill themselves, they could go to prison for up to 5 years or be fined up to 10,000 Baht, or both.

Section 294

If someone dies in a fight involving three or more people, anyone involved, even if they didn’t start it, could go to prison for up to 2 years or be fined up to 4,000 Baht, or both. But if they were trying to stop the fight or acting in self-defense, they won’t get punished.

Chapter 2

OFFENSES AGAINST THE BODY

Section 295

If someone hurts another person physically or mentally, they could go to prison for up to 2 years or be fined up to 4,000 Baht, or both.

Section 296

If someone hurts another person and it fits the circumstances in Section 289, they could go to prison for up to 3 years or be fined up to 6,000 Baht, or both.

Section 297

If someone hurts someone else badly enough that they suffer serious injuries, they could go to prison for 6 months to 10 years. Serious injuries include things like losing a sense (like sight or hearing), losing body parts, or being permanently disfigured or disabled.

Section 298

If someone does what’s described in Section 297 under the circumstances in Section 289, they could be in prison for 2 to 10 years.

Section 299

If someone gets seriously hurt in a fight with three or more people, everyone involved could go to prison for up to 1 year or be fined up to 2,000 Baht, or both. But if they were trying to stop the fight or defending themselves, they won’t get punished.

Section 300

If someone seriously hurts someone else because they were careless, they could go to prison for 3 years or be fined up to 6,000 Baht, or both.

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