CHAPTER 6
Penalties
Section 52 Whoever commits an offence of trafficking in
persons shall be liable to the punishment of an imprisonment from four
years to ten years and a fine from eighty thousand Baht to two hundred
thousand Baht.
If the offence under paragraph one is committed against a
child whose age exceeds fifteen years but not yet reaching eighteen years,
the offender shall be liable to the punishment of an imprisonment from
six years to twelve years and a fine from one hundred twenty thousand
Baht to two hundred forty thousand Baht.
If the offence under paragraph one is committed against a
child not over fifteen years of age, the offender shall be liable to the
punishment of an imprisonment from eight years to fifteen years and a
fine from one hundred sixty thousand Baht to three hundred thousand
Baht.
Section 53 Any juristic person commits an offence of
trafficking in persons shall be liable to the punishment of a fine from two
hundred thousand Baht to one million Baht.
In case where the offender is a juristic person, if the offence
of such juristic person is caused by an order or an act of any person, or
the omission to issue an order or perform an act which is the obligation of
the managing director, or any person who is responsible for carrying out
the business of the said juristic person, such person shall be liable to the
punishment of imprisonment from six years to twelve years and a fine
from one hundred twenty thousand Baht to two hundred forty thousand
Baht.
Section 54 Whoever obstructs the process of investigation,
inquiry, prosecution or criminal proceedings on the offence of trafficking
in persons so that the process is unable to be conducted in a well-manner,
by doing any of the following acts, shall be liable to the punishment of an
imprisonment not exceeding ten years and a fine not exceeding two
hundred thousand Baht:
(1) giving, offering or agreeing to give property or other
benefit to a trafficked person or other witness for inducing such person
not to visit the competent official, inquiry official, public prosecutor or
not to attend the court for giving facts, statement or testimony, or
inducing such person to give facts, statement or testimony that is false, or
not to give facts, statement or testimony at all, in the criminal proceedings
against the offender under this Act;
(2) using of force, coercing, threatening, compelling,
deceiving, or using any other means causing a trafficked person or other
witness not to visit the competent official, inquiry official, public
prosecutor or not to attend the court to give facts, statement or testimony,
or inducing such person to give facts, statement or testimony that is false,
or not to give facts, statement or testimony, that is false, or not to give
facts, statement or testimony at all, in the criminal proceedings against
the offender under this Act;
(3) damaging, destroying, losing or rendering useless, taking
away, altering, changing, concealing or hiding any document or evidence,
or fabricating, making or using any document or evidence that is false in
the criminal proceeding against the offender under this Act;
(4) giving, offering or agreeing to give property or other
benefit to the Committee member, the CMP Committee member, subcommittee
member, any member of the working group or to the
competent official under this Act, or to judiciary official, public
prosecutor, or inquiry official or demanding, accepting, or agreeing to
accept a property or any other benefit in order to induce such person to do
or not to do any act, or to delay the doing of any act contrary to the duty
of such person under this Act;
(5) using of force, coercing, threatening, compelling or using
any other wrongful means to the Committee member, the CMP
Committee member, sub-committee member, any member of the working
group or to the competent official under this Act, or to judiciary official,
public prosecutor, or inquiry official to induce such person to do or not to
do any act, or to delay the doing of any act contrary to the duty of such
person under this Act.
Section 55 Whoever commits the following act shall be
liable for the punishment of imprisonment not exceeding five years and a
fine not exceeding one hundred thousand Baht, except it is a disclosure in
the performance of the duties or according to the law;
(1) knowing that an application to obtain documents or
information under Section 30 is making and disclosing to any other
person, who has no duties in connection with that capacity, to know that
an application thereof is making or is about to be made, which is likely to
prejudice the applicant in obtaining such documents or information; or
(2) knowing or obtaining the documents or information
under Section 30 and disclosing such documents or information to any
other person, who has no duties in connection with that capacity.
Section 56 Whoever commits or undertake to have the
following acts been committed shall be liable for the punishment of
imprisonment not exceeding six months or a fine not exceeding sixty
thousand Baht, or both;
(1) taking a picture, circulating a picture, printing a picture,
recording or airing voice of any person, at any stage, which may lead to
the identification of the trafficked person;
(2) publishing or disseminating the content appearing in the
course of inquiry of the inquiry official or the course of hearing of the
court, which may make the other person to know the first name and last
name of the trafficked person, or the family members of such trafficked
person, through whatever type of information communication media;
(3) publishing or disseminating the content, picture or voice,
through whatever type of information communication media, disclosing
history, place of living, place of work or place of education of the
trafficked person.
The provision of paragraph one shall not be applied to the
acts committed for the interest of government affairs in protecting and
assisting the trafficked person or the trafficked person honestly gives the
consent thereto.
Transitory Provision
Section 57 The assistance capital for the prevention and
solving the problem of trafficking in persons according to the regulation,
prescribed by the Anti-Trafficking in Persons Committee, on the
performance and payment for prevention and solving the problem of
trafficking in persons, B.E. 2550 (2007), shall be transferred to be an
initial capital for the Fund under this Act.
Countersigned by:
Gen. Surayud Chulanont
Prime Minister
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This English version is translated by:
Mr. Pravit Roykaew, Office of the Attorney General
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