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ResourcesTHAILAND CRIMINAL CODEBook1General Provisions Title I Provisions Applicable to General Offences Chapter 4 Criminal Liability

General Provisions Title I Provisions Applicable to General Offences Chapter 4 Criminal Liability

Page: 16

Section: 68-74

Section 68.- Whoever commits any act for the defence of his own right or other person's right in order to except from a danger arising out of violence tortuous to the law and such danger to be imminent, if reasonably having committed under the circumstance, such act is a lawful defence, and such person shall not have a guilt.

 

Section 69.- In the cases as provided in Sections 67 and 68, if the act committed is in excess of what is reasonable under the circumstances or in excess of what is necessary, or in excess of what is necessary for the defence, the Court may inflict less punishment to any extent than that provided by the law for such offence. But, if such act occurs out of excitement, fright or fear, the Court may not inflict any punishment at all.

 

Section 70.- Any person does an act done in accordance with the order of an official, even though such order is unlawful, if such doer has the duty or believes in good faith that having the duty to comply with such order, that person shall not punished, unless that person knows that such order is unlawful.

 

Section 71.- If the offences as provided in Section 334 to Section 336, first paragraph, and Section 341 to Section 364 are committed by a husband against his wife, or by a wife against her husband, the offender shall not be punished.

If the aforesaid offences are committed by an ascendant against his descendant, or by a descendant against his ascendant, or by a brother or sister of the same parents against each other, the offences shall, even though not provided by the law as compoundable offences, be deemed as compoundable offences. Moreover, the Court may inflict less punishment to any extent than that provided by the law for such offences.

 

Section 72.- Whenever any person commits an offense against the person who causes provocation at the time of being provoked, the Court may impost upon such person less punishment to any extent than that provided by the law for such offense.

Section 73.- A child not yet over ten years of age shall not be punished for committing what is provided by the law to be an offence.

 

Section 74.- A child over ten years but not yet over fifteen years of age commits what is provided by the law to be an offence, shall not be punished, but the Court shall have the power as follows :

(1) To admonish the child and then discharge him ; and the Court may, if it thinks fit, summon the parents or guardian of the child or the person with whom the child is residing to be given an admonition too ;

(2) If the Court is of opinion that the parents or guardian are able to take care of the child, the Court may give order to hand over the child to his parents or guardian by imposing the stipulation that the parents or guardian shall take care that the child does not cause any harm throughout the time prescribed by the Court, but not exceeding three years, and fixing a sum of money, as it thinks fit, which the parents or guardian shall have to pay to the Court, but not exceeding one thousand Baht for each time when such child causes harm ;

If the child resides with a person other than his parents or guardian, and the Court does not think fit to summon the parents or guardian to impose the aforesaid stipulation, the Court may summon the person with whom the child resides for questioning as to whether or not he will accept the stipulation similar to that prescribed for the parents or guardian as aforesaid. If the person with whom such child resides consents to accept such stipulation, the Court shall give order to hand over the child to such person by imposing the aforesaid stipulation ;