Section 7 Whoever commits any of the following acts, shall
be punished likewise as the offender of an offence of trafficking in
persons:
(1) supporting the commission of an offence of trafficking
in persons;
(2) aiding by contributing property, procuring a meeting
place or lodge, for the offender of trafficking in persons;
(3) assisting by any means so that the offender of trafficking
in persons may not be arrested;
(4) demanding, accepting, or agreeing to accept a property
or any other benefit in order to help the offender of trafficking in persons
not to be punished;
(5) inducing, suggesting or contacting a person to become a
member of the organized criminal group, for the purpose of committing
an offence of trafficking in persons.
Section 8 Whoever prepares to commit an offence as
aforesaid by Section 6, shall be liable to one-third of the punishment
stipulated for such offence.
Section 9 Whoever, from two persons upwards, conspires
to commit an offence as aforesaid by Section 6 shall be liable to no more
than one-half of the punishment stipulated for such offence.
If any one of the offenders in paragraph one has committed
in furtherance of the conspiratorial objective, each member of the
conspiracy shall be liable, as an additional count, for the punishment
stipulated for the committed offence.
In case the commission of an offence is carried out up to the
stage of commencement, but because of the intervention of any
conspirator, the offence cannot be carried through, or the offence is
carried through but does not achieve its end, the conspirator so
intervening is liable to the punishment as stipulated in paragraph one.
If the offender, under paragraph one, reverses his position by
providing a true statement in relation to the conspiracy to the
competent official before the conspired offence is committed, the court
may not inflict punishment or inflict less punishment upon such person to
any extent than that prescribed by the law for such offence.
Section 10 In case where an offence stipulated in Section 6
is accrued by the commission of person as from three persons upwards or
of the member of an organized criminal group, such offenders shall be
liable to heavier punishment than that prescribed in the law by one-half.
Whenever an offence provided in Section 6 is committed by
any member of an organized criminal group, everyone being the member
of such organized criminal group at the time of the commission of such
offence, knowing and conniving at such commission, shall be liable to the
punishment prescribed for such offence, even though he has not
personally committed such offence.
If an offence under paragraph one is committed in order that
the trafficked person taken into or sent out of the Kingdom to be under
the power of the other person unlawfully, the offender shall be liable to
twice of the punishment prescribed for such offence.
Section 11 Whoever commits an offence mentioned in
Section 6 outside the Kingdom shall be liable for the punishment
stipulated in this Act in the Kingdom. The provision of Section 10 of the
Penal Code shall apply mutatis mutandis.
Section 12 Whoever commits the offences under this Act by
professing himself to be an official and exercising the functions of an
official without being an official having the power to do so, shall be liable
to twice the punishment stipulated for such offence.
Section 13 Whoever, in the capacity as a member of the
House of Representatives, member of the Senate, member of a Local
Administration Council, Local Administrator, Government Official,
employee of the Local Administration Organization, or employee of an
organization or a public agency, member of a board, executive, or
employee of state enterprise, an official, or member of a board of any
organization under the Constitution, commits an offence under this Act
shall be liable to twice the punishment stipulated for such offence.
Any member of the Committee, member of Sub-Committee,
member of any working group and competent official empowered to act
in accordance with this Act, committing an offence under this Act, shall
be liable to thrice the punishment stipulated for such offence.
Section 14 All offences under this Act shall be predicate
offences under the Anti-Money Laundering Act, B.E. 2542 (1999).
CHAPTER 2
Anti-Trafficking in Persons Committee
Section 15 There shall be an Anti-Trafficking in Persons
Committee to be called "ATP Committee" in brief, consisting of the
Prime Minister as chairman, the Deputy Prime Minister, who acts as
Chairman of the CMP Committee, as vice chairman, the Minister
of Defense, the Minister of Foreign Affairs, the Minister of Tourism and
Sports, the Minister of Social Development and Human Security, the
Minister of Interior, the Minister of Justice, the Minister of Labour, and
four qualified persons appointed by the Prime Minister from experts who
have had no less than seven years demonstrable professional experiences
in the fields of prevention, suppression, rehabilitation and international
cooperation on the issues of trafficking in persons, one from each field,
provided that not less than one half appointed from the private sector, as members, and the Permanent Secretary for Social Development and
Human Security shall be the secretary and the Director-General of the
Department of Social Development and Welfare and the Director-General
of the Office of Welfare Promotion, Protection and Empowerment of
Vulnerable Groups shall be the assistant secretaries.
No less than one half of the qualified members in paragraph
one must be female.
Section 16 The Committee shall have powers and duties as
follows:
(1) to make recommendations to the Cabinet concerning the
policy on prevention and suppression of trafficking in persons;
(2) to make recommendations to the Cabinet on the revision
of laws, rules, regulations or the restructuring of any governmental
agency responsible for the prevention and suppression of trafficking in
person to enable a more effective implementation of this Act;
(3) to lay down strategies and measures for the prevention
and suppression of trafficking in person;
(4) to prescribe guidelines and monitor the implementation
of international obligations, including cooperating and coordinating with
foreign bodies in relation to the prevention and suppression of trafficking
in persons;
(5) to direct and supervise the arrangements of study or
research projects and the development of an integrated data base system
for the benefit of prevention and suppression of trafficking in persons;
(6) to issue regulations relating to the registration of a nongovernmental
organization with a view to preventing and suppressing of
trafficking in person, and to prescribe rules for assistance such
organization in carrying out its activities;
(7) to lay down rules, with the consent of the Ministry of
Finance, concerning the receipt, payment, keeping, fund raising and the
management of Fund;
(8) to lay down rules concerning the report on financial
status and the administration of the Fund for the purpose of implementing
this Act;
(9) to give instruction and supervise the performance of
duties of the CMP Committee.
(10) to perform any other acts as entrusted by the Cabinet.
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