Section 312

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Corporate criminal liability Criminal liability Slavery

This provision criminalises treating a person as a slave, including buying, selling, or restraining a person.

Notes

This section has been used in conjuction with human trafficking offences to prosecute traffcking cases, partcicularly involving the exploitation of children. If the section 312 offence is committed against a child who is 15 years of age or younger, the offender shall be punished with imprisonment of three to ten years and a fine not exceeding twenty thousand Baht.

If the section 312 offence causes:

  • bodily harm or mental harm to the victim, the offender shall be punished with imprisonment of five to fifteen years and a fine not exceeding thirty thousand Baht;
  • grievous bodily harm to the victim, the offender shall be punished with imprisonment for life or imprisonment of seven to twenty years;
  • death to the victim, the offender shall be punished with death, imprisonment for life or imprisonment of fifteen to twenty years.

If a person dishonestly receives, disposes of, procures, seduces or takes any person over fifteen years old but not yet over 18 years of age, irrespective of having obtained the consent of that person, shall be liable for a term of imprisonment not exceeding five years.

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Text

Section 312. Whoever, so as to enslave the person or to cause the person to be in the position similar to the slave, bringing into or sending out of the jurisdiction, removing, buying, selling, disposing, accepting  or  restraining  any  person,  shall  be  imprisoned  to a term not exceeding seven  years  and a fine not exceeding fourteen thousand Baht.

Law /Thailand / Criminal Code, 1956

The Criminal Code is the principal criminal law statute in Thailand and contains the vast majority of criminal law offences. Offences under the Thai Criminal Code that can be and are used in labour exploitation cases include offences of deprivation of liberty, kidnapping, and slavery. Under Thai law generally, corporate criminal liability attaches to criminal offences if a director, officer or other person acting with the authority of the company commits an offence. Such a director, officer or other person acting within the scope of authority of the company may also be individually criminal liable. In a case of corporate criminal liability, the penalty is a fine. However there are very few examples of corporates being prosecuted for criminal offences in Thailand.