We have discussed Mr. Gordon's case extensively with Thai authorities, stressing at every possible opportunity his rights as an American citizen. The stage-managed role of the monarch, the compulsory respect shown to the institution, and the pressure of social conformity left many people with a taste of bitterness which few felt confident to express. He proposed reducing the maximum jail term to three years, a circumstance for pardoning, and that only the Office of His Majesty's Principal Private Secretary could file a complaint. The court later sentenced him to five years in jail. 2451, or the provisions of the Criminal Law in B.E. No one had been sentenced to more than ten years in jail before 2007. Corporate law. When an offending image or language is found, the office obtains a court order blocking the site. [14]:130, Court proceedings are lengthy, and defendants often pleading guilty as the quickest route to freedom. [106] According to Khaosod English (KE) News Chief Teeranai Charuvastra, CP notified the news agency's editor to delete its February 16, 2021 news item covering the campaign because it was a sensitive issue and the editor agreed to have it removed. [12]:3–4, As the print media was becoming widespread, the criminal code was strengthened in 1928 to penalise crimes of "advocates or teachers of any political or economic doctrine or system, intended or calculated to bring into hatred or contempt the Sovereign". [95], Activists against the law or those who seek to reform it include: Mainueng Kor Kunatee (a poet who was assassinated in 2014);[96] Somsak Jeamteerasakul; Giles Ji Ungpakorn;[97] Pavin Chachavalpongpun,[98] a former diplomat, and an associate professor at the Kyoto University and a leader of a campaign to abolish Article 112 of the Thai criminal code; and The Nitirat group—an association of law lecturers who campaign for constitutional reform and a change of Thailand's lèse-majesté law–including Worachet Pakeerut, Piyabutr Saengkanokkul, and Sawatree Suksri. [62], There have been occasions when lèse-majesté cases have been transferred to court-martial, most recently during the National Council for Peace and Order regime after the 2014 coup. “You can see that today that we have not been using 112 … [54], David Streckfuss opined that lèse majesté law is not necessarily controversial, even some Western democratic countries seem to have severe jail punishment, if rarely used. Since then, however, there have been at least 400 cases—an estimated 1,500 percent increase. That law, Section 112 of the Thai criminal code, forbids defamation of the king and provides for three to 15 years’ imprisonment for violations. ", "Article 112 of the Criminal Code is a legislation which supports Article 8 of the Constitution, Political crisis: A political weapon and ailing King, It reads: "The King shall be enthroned in a position of revered worship and shall not be violated. Section 112 of Thailand’s Criminal Code is the law governing lèse majesté, which carries a penalty of up to 15 years’ imprisonment. — A Constitutional Court decision in 2012. [11]:37–8 Since then, court decisions and legal scholars' comments have interpreted lèse-majesté law to mean the king could not be criticised in any way. There are months-long pretrial detentions, and courts routinely deny bail to those charged. In December 1957, a case against a politician was dismissed because a political campaign was underway. There is no need for the prosecuting authorities to bring any evidence to bear relating to foresight on the part of the defendant with regard to the fact of the statement or conduct. [94], In November 2015, Glyn T. Davies, the US ambassador to Thailand, gave a speech criticising the long prison sentences handed to those found guilty of lèse-majesté. "[83] He was discharged about two weeks later. [47], After the forced disappearance of Wanchalearm Satsaksit, an alleged lèse-majesté offender, in June 2020, #ยกเลิก112 (cancel 112) trended first on Twitter in Thailand with more than 500,000 retweets, as netizen believed his accusations were behind his abduction. "[34] The military government has never successfully extradited someone living abroad. [11]:26–7, David Streckfuss, a scholar on Thai human rights and politics, commented that lèse-majesté is one factor defining neo-absolutism in Thailand. [8][9] The longest recorded sentence was in 2021: 87 years imprisonment, reduced to 43 years because the defendant pleaded guilty. [14]:113 Thai mainstream media has supported the use of the law and avoid covering it. Those who are accused of lèse-majesté have the right to a fair trial, and the opportunity to contest the charges and assistance from a lawyer, as well as the right to appeal. He also handed over lèse-majesté cases to courts-martial. Whoever attempts to commit such offence shall be liable to the same punishment. [59], In 2016, a singer and activist, in addition to his prison sentence for defaming the monarchy, was ordered to write a song promoting "national reconciliation" after completing his sentence. [34] The courts sometimes use videoconferencing systems for court proceedings, so that defendants do not have to be physically present in the court. Now only the Attorney General can file a lèse-majesté case. After the summoning on Tuesday, the next legal step is for Thanathorn to provide his statesman to the prosecutor, set for May 7. [35], iLaw, a Thai non-profit organisation, reported that the junta hold persons in custody for seven days without charges. Prohibition (Sections 44-50) Criminal Code. Since a 1976 coup, coup makers have regularly cited a surge of alleged lèse-majesté charges as a reason for overthrowing elected governments. Broad interpretation of the law reflects the inviolable status of the king, resembling feudal or absolute monarchs. In August 2015, the Bangkok Military Court sentenced Pongsak Sriboonpeng to 60 years in prison for his six Facebook postings (later reduced to 30 years, when he pleaded guilty). There are differences between court-martial decisions compared to civilian court ones, including protection of any previous monarchs. Whoever makes preparations for committing an act of violence against the Queen or Her liberty, the Heir-apparent or His liberty, or the Regent or his/her liberty, or does any act to assist in keeping secret any intention to commit such offence, shall be punished with imprisonment of twelve to twenty years. In February 2012, he was assaulted in broad daylight in Bangkok. These proceedings are lengthy, and the defendant rarely receives bail (see Legal proceedings section above). … [12]:3 It made acts against the king acts against the state. [42] As of November 2018, at least 127 people have been charged with lèse-majesté since the latest coup. [11]:23–24 Crimes against royal symbols greatly affected the social structure of the sakdina era. Two detainees have died in military custody. Prachatai news reported this incident on February 19, 2021. Jakrapob Penkair, a former minister to the Office of the Prime Minister, commented: "It's not about your action; it's about the timing. A pro-democracy supporter wears a face mask with the sign "no 112", denouncing a section in the Thai criminal code for lese majesty laws as she participates in a rally in Bangkok, Thailand, Wednesday, March 24, 2021, ahead of an indictment against 13 protest leaders on Thursday for allegations of sedition and defaming the monarchy. This allowed discussion over whether Thailand be a constitutional monarchy in 1949, and a 1956 lecture by a legal scholar which said the king should not express an opinion on economic, political and social problems with no countersign. [103], In July 2014, British comedian John Oliver described Crown Prince Vajiralongkorn as a "buffoon" and showed the leaked video of Vajiralongkorn and his topless wife celebrating the birthday of the prince's poodle, Air Chief Marshal Foo Foo, in a satirical piece about monarchy in general on Last Week Tonight with John Oliver. Section 113 Whoever, commits an act of violence or threatens to commit an act of violence in order to: Ravina Shamdasani, the spokesperson for the United Nations High Commissioner for Human Rights, issued a statement today (18 December) raising concerns over the Thai authorities charging protesters with charges under Section 112 of the Thai Criminal Code, Thailand's lèse majesté law. [12]:18 Since then, lèse-majesté forbade insult, in addition to the existing crimes of threats or defamation. PRELIMINARY . No person shall expose the King to any sort of accusation or action.". [14]:127, Michael Kelly Connors, a professor in social science at the University of Nottingham, wrote the king had a dual position—an agent of political and economic interests and the soul of the nation showing the glaring disparity between social classes, and thus required controlled imagery. Thailand Law Library is managed by Siam Legal International. [13], Court decisions shortly after the change still took context into consideration. Prominent historian Somsak Jeamteerasakul was arrested for proposing an eight-point plan to reform of the monarchy. The Charoen Pokphand (CP) group is alleged to have supported Section 112 via a CP Freshmart marketing discount campaign that ran from February 12-15, 2021 titled "LOVE112" that offered a 112 baht discount for online purchases worth at least 666 baht. Whoever assassinates the Queen, the Heir-apparent or the Regent shall be punished with death. Somyot has been detained pending trial for the past 73 days, while Jatupat has been detained for the past 46 days. On 19 January, the Bangkok Criminal Court convicted Anchan Preelert, a retired civil servant, to 87 years’ imprisonment under Thailand’s draconian lèse-majesté provision, codified in Section 112 of the Thai Criminal Code. Human rights groups condemned its use as a political weapon and a means to restrict freedom. The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. [11]:24–5[clarification needed], The oldest version of lèse-majesté law was in the modern defamation law of 1900, enacted to protect the monarch's reputation. Even attempting to commit lèse-majesté, making sarcastic comments about the King's pet, and failure to rebuke an offense have been prosecuted as lèse-majesté. Anyone doing so was subject to imprisonment not exceeding seven years or fines of not more than 5,000 baht, or both. Secret trials were held. The United States is disappointed by the prosecutor's decision to file lese majeste charges against U.S. citizen Joe Gordon. [20] Prior to the 2006 coup, targets of lèse-majesté were mostly politicians, high-ranking bureaucrats and extra-constitutional figures, but after 2007, common people were charged. Two days later, Prime Minister Prayuth threatened to apply Section 112 of the Thai Criminal Code, which punishes lese-majeste, in full force. Thailand's Supreme Court decided the law also applies to prior monarchs. And in June 2018, there was a new regulation which allowed public persecutors to decide against prosecuting cases that did not serve the public interest. [12]:3 Other sections provided protection from displays of malice or defamation of "the princes or princesses from whichever reign"[12]:3 or from those who "create disloyalty" or "insult the king", and "cause the people to transgress the royal laws". There is substantial room for interpretation, which causes controversy. © Copyright 2020 - Thailand Law Library | All Rights Reserved. Whoever makes preparations for causing death to the Queen, the Heir-apparent or the Regent, or does any act to assist in keeping secret any intention to commit such offence, shall be punished with imprisonment from sixteen to twenty years. [41] In May 2017, the military junta stated that merely viewing material is considered lèse-majesté and is a violation of the law. [27] In March 2011, Worachet Pakeerat, a law lecturer, banded together with same-minded lecturers and formed the Nitirat Group, aiming to amend the lèse-majesté law. [14]:117 Lèse-majesté and communism were once the definition of the ultimate traitor. [21][22][23] After the coup, dozens of radio stations were shut down because of alleged lèse-majesté. Section 112. With penalties ranging from three to fifteen years imprisonment for each count, it has been described as the "world's harshest lèse majesté law"[1] and "possibly the strictest criminal-defamation law anywhere";[2] its enforcement "has been in the interest of the palace".[3]:134. [32][33] The courts were dubbed "kangaroo courts. Thai courts have demonstrated they will prosecute and jail even non-Thai citizens for offences committed outside of the kingdom as proven in the case against American citizen Joe Gordon who police arrested in May 2011 when he visited Thailand for medical treatment. There were 6 youths filed with Section 112 of the Thai Criminal Code or the “lèse-majesté” law. Police then investigated him. [12]:6, Thai Cold War dictator Sarit Thanarat, claimed national security, and used lèse-majesté charges to suppress political opponents, leading to some executions. [12]:4, Lèse-majesté law did not change significantly after the 1932 Siamese Revolution, because the Khana Ratsadon compromised and added the inviolable status of the king in the Constitution continues to the present day. OFFENCES RELATING TO THE SECURITY OF THE KINGDOM. Arrested in September 2010, she could face up to 50 years' imprisonment if found guilty. “Abolish 112,” they also said, referring to Thailand’s lese majeste law, or Section 112 in the Thai criminal code, which prohibits anyone from insulting or defaming the king. Even alleged offences committed outside the kingdom can be punished within Thailand. . [40], In December 2016, Jatupat "Pai" Boonpattararaksa, a rights group member, was accused of lèse-majesté for sharing a BBC Thai biography of Thailand's new king, Vajiralongkorn. Sirichai, a member of the pro-democracy group United Front of Thammasat and Demonstration, has been charged with 2 lèse majesté offences. He was found guilty despite the law providing that mere preparation of the act is not a legal offence. [67] Civilian courts often handed sentences of five years imprisonment per count, while military courts often handed sentences of 10 years per count. [39], The last formal attempt to amend the law occurred in May 2012 when more than 10,000 people signed a petition to parliament, but Speaker of the House of Representatives, Somsak Kiatsuranont, dismissed it citing that amendment of the law concerning the monarchy was not a constitutional right. With the decline of communism, however, lèse-majesté began to define new kinds of traitors. Those targeted by lèse-majesté complaints included more average citizens who were given longer jail sentences. King Vajiralongkorn has instructed the Thai government not to use Section 112 of the Thai Criminal Code, or the lèse-majesté law, to prosecute civilians, Prime Minister Prayut Chan-ocha said on Monday. The demands for monarchy reform and repeal of Section 112 of the Criminal Code, which criminalizes insults and expressions of hostility against the king, queen, heir and regent, were also presented. It is found in the Civil and Commercial Code sections 420 to 452 (Book II, Title V). [90], The lèse-majesté law is described as "draconian". Judges have said accusers did not have to prove the factuality of the alleged lèse-majesté material but only claim it is defamatory. [46] Unprecedented moves were seen, such as dismissing lèse-majesté cases even though the defendants pleaded guilty, and those charged had received bail in certain cases. [99], Not The Nation, an anonymous website[100] that satirises a Thai newspaper, The Nation, satirised the media and the public response to the case of Thai American Joe Gordon in contrast to that paid to the drug-related case of Australian Schapelle Corby and to the pardoning of Greek-Cypriot-Australian Harry Nicolaides. 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