[Tlc] T-lese majeste

justinm at ucr.edu justinm at ucr.edu
Mon Nov 17 09:00:22 PST 2008


A rough translation of a proposal forwarded from David Streckfuss.
Thanks,
justin

Today it was revealed that a member of the Democrat Party has proposed an amendment to the lese majeste law. Below is a rough translation of two main sections:
 

Rationale

Because at present there is a great number of those acting illegally offending by improper speech and committing lese majeste of His Majesty the King, Her Majesty the Queen, the Heir Apparent, and members of the royalty through various means and forms which might cause the people to misunderstand or cause damage to the institution of the monarchy which is highly revered by every Thai. These aforementioned actions have the characteritstics of that can be likened to a movement which is being carried out systematically with the intention of overthrowing the institution of the monarchy which is an institution of great importance to the country and the people. It is fitting to amend the principles within the criminal code to be more appropriate to the current situation and thus it is necessary to draft this Act.

Main Points

1. Previously for this offense those covered extended to the king, queen, heir apparent, and regent. This draft proposes to include “members of the royal family” [alt. members of the royalty – “phraboromwongsanuwong”] (Section 2, Criminal Offenses 1)

2. Previously for offenses of defamation, the punishment was from 3 to 15 years. This draft proposes increasing the punishment to 5 years to 25 years and a fine from 500,000 to 1,000,000 (Provision 112)

3. For those charged with the offense of defamation of the king, queen, heir apparent, members of the royal family, and the regent, the court is to set the date for considering the evidence and the day for trying the case expeditiously.

4. In the initial considerations of court, if it is found there “are grounds,” the court is to receive the case and set the date of trial with speed, when re the nature of the offense involves information, articles, words, representations [?], invidious comparisons, pictures, content.

5. The accused shall have the burden of proving, and bringing evidence of proof of their innocence (the prosecution or plaintiff has only to report the offensive incident to the court)

6. It shall be a case tried in its entirety with postponements allowed except when there is truly sufficient reason
 
______________
Dr. Justin McDaniel
Dept. of Religious Studies
3046 INTN
University of California, Riverside
Riverside, CA 92521
951-827-4530
justinm at ucr.edu



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