Songkran: Throwing water can land you in jail, say top lawyers

[webfact]

Songkran: Throwing water can land you in jail, say top lawyers

 

Caption: Be careful throwing water OK!

 

Online lawyers have outlined how throwing water - especially at those who don't want to play too - can land you in jail. 

 

Using ice in water could also see a two year stretch. 

 

Damage to property of those who don't want to play is also serious with compensation and jail for deliberate acts. 

 

While 15 years inside awaits those who molest minors in the name of Songkran "fun".

 

The warnings were on the Facebook page of "Thanai Khu Jai" (your lawyer)

 

Here are the different scenarios and the penalties associated with them:

 

Case 1: You say you don't want to play, you are on your way to do something....but you get wet all the same.

If you can show that you did not want to take part and were soaked then Article 397 has been contravened.

This can lead to a one month jail term for the perpetrator and or a 10,000 baht fine. 

 

Case 2: You indicated that you did not want to play and your property like a phone or documents in your wallet were damaged. The civil and business/property law under Article 420 comes into play. Compensation payments are due to the victim.

 

In Case 2 if it can be shown to have been a willful and deliberate act to damage property then Article 358 has been violated. Result: 3 years jail and or a 60,000 baht fine. 

 

Case 3: A woman is molested in a water soaking incident. Article 278 allows for a 10 year prison term and or a fine of 200,000 baht. If the victim is not yet 15 years old make that 15 years jail and 200,000 baht. 

 

In case three if the molestation is accompanied by threats then the jail term can be 15 years and 300,000 baht. 

 

Case 4: This concerns the use of ice and dirty water. 

Using cold water is not illegal but if ice is added and it causes injury then Article 295 has been contravened. This could result in 2 years jail and or a fine of 40,000 baht. 

 

In Case 4 if the act was proven not to be deliberate the jail term drops to one month and the fine 10,000 baht. 

 

People can also be prosecuted for using dirty water under Articles 389 and 397 though Sanook did not mention the penalties for these. 

 

Source: Sanook

 

 

-- © Copyright Thai Visa News 2019-04-11

[geoffbezoz]

Well guess the "online lawyers" are safe from a soaking.

[darksidedog]

Yes, but this is Thailand. if you walk into the cop shop and want to press charges for being doused, they are going to laugh at you.

It would be interesting to know how many times, if ever, any of these charges have ended up in court.

 

[bluesofa]

As long as the perpetrators don't run away and the police are interested in pursuing the case.

That was my songkran experience, while having a bucket of water thrown in my face when riding a motorbike.

[Bluespunk]

 

Be careful Sanook, that's very nearly a sexy picture...

 

 

[Orton Rd]

Only applies if the unwanted wet are rich and connected hi so's, the rest can drip off

[lemonjelly]

this government/junta thing is soooo much fun, can’t wait for compulsory morning traditional thai clothes and dancing groups.... it must be in the pipeline, surely.

[losername]

"Songkran: Throwing water can land you in jail, say top lawyers".

So it damn well should.  

[Andrew65]

I have an old Thai male friend, about 75, speaks very good english, probably the only Thai male that I've ever really known after 20+ years in Thailand.

 

Maybe this is common knowledge, but he confirms that when he was a lad Songkhran was one a one day event, and only a sprinkle of water was "applied", mainly to elders.

 

Maybe today's version has been over-commercialised, as has Christmas in the West?!

[geoffbezoz]

1 hour ago, lemonjelly said:

this government/junta thing is soooo much fun, can’t wait for compulsory morning traditional thai clothes and dancing groups.... it must be in the pipeline, surely.

You should watch the movie The Dirt 2019.  Ozzie Osbourne's antics around the swimming pool possibly reflects the Juntas response to their backers requests and what they expect the general populace to do for them.

[sammieuk1]

Just spotted one farang and two posters off to jail ????

[aussiandrew]

It's one time of the year when no no means yes yes to getting wet and wild.. Enjoy or stay inside...

[geoffbezoz]

6 minutes ago, Andrew65 said:

I have an old Thai male friend, about 75, speaks very good english, probably the only Thai male that I've ever really known after 20+ years in Thailand.

 

Maybe this is common knowledge, but he confirms that when he was a lad Songkhran was one a one day event, and only a sprinkle of water was "applied", mainly to elders.

 

Maybe today's version has been over-commercialised, as has Christmas in the West?!

Well the very first time I was in Thailand at Songkhran, the people in the street would come up to me ( being possibly only one of two Farangs), and ask if it was ok to sprinkle water on me. Of course it was and I encouraged it. The respect they showed me and the way they appreciated my acceptance of that is one of many things that encouraged me to Thailand and to Thai people all those many years ago.  How times have changed.

[bristolgeoff]

The gaols will be very full after songkran 

[Lupatria]

2 hours ago, Bluespunk said:

Be careful Sanook, that's very nearly a sexy picture...

Better call Saul...

[bluesofa]

9 minutes ago, aussiandrew said:

It's one time of the year when no no means yes yes to getting wet and wild.. Enjoy or stay inside...

Yup, that's me. Definitely 'inside' until it's all over thanks.

 

[rkidlad]

Be careful, Thanathorn. 

[maccastime]

They won’t have prisons big enough if they enforce this. Better idea ban the water throwing all together?

[alex8912]

By the time you say the 9 of article 397 I will have super soaked you and the person next to me dump ice water on your head! ????Just sayin. 

If you are anti Songkran stay off your precious moto bike that many people THINK they have the right to drive all over the place during the holiday and bunker down for the time. 

Or god forbid go out , get the biggest super soaker you can find, and enjoy!

[miamiman123]

Tough one to apply ! 

[wgdanson]

3 hours ago, Bluespunk said:

 

Be careful Sanook, that's very nearly a sexy picture...

 

Not many Thais to be seen in this photo....all Falangs. What fun !

 

[korkenzieher]

It would save soooo much time if one of these smart-assed lawyers would just publish the list of thins we *can* do without risking a jail term. Must be all of 4 or 5 lines long.

[SymS]

What if I throw cold beer? Would the fines for water be applied, or does it count as alcohol consumption? ????

[Kieran00001]

1 hour ago, Andrew65 said:

I have an old Thai male friend, about 75, speaks very good english, probably the only Thai male that I've ever really known after 20+ years in Thailand.

 

Maybe this is common knowledge, but he confirms that when he was a lad Songkhran was one a one day event, and only a sprinkle of water was "applied", mainly to elders.

 

Maybe today's version has been over-commercialised, as has Christmas in the West?!

 

In my experience it is mostly a family gathering, the water just a trickle down the back of the neck for traditions sake.  Not that i havent seen the families who set up in front of the house to throw buckets over passersby, or the farang version seeing adults having water fights in the street, but its far from my own experience and possibly the majority of Thai's experience, but that is very difficult to gain an accurate impression of as we can only know what we experience.

 

[ttrd]

4 hours ago, darksidedog said:

Yes, but this is Thailand. if you walk into the cop shop and want to press charges for being doused, they are going to laugh at you.

It would be interesting to know how many times, if ever, any of these charges have ended up in court.

 

The comic with those statements is that Songkran is a water-festival and when you are not allowed to play with water how it has been played for ages then there is no water-festival ...

 

http://www.puretravel.com/Guide/The_Seven_Wonders_according_to_PureTravel/Seven_Wonders;_Festivals_Worldwide/Songkran_Water_Festival

 

Another thing is how to play after New rules throwed in just prior to the festival start and how to enforce them? Should you ask everyone prior to throw the water in case someone dont want to play the game despite they choose to be in the middle of it - this falls on its own unreasonableness … 

 

 

[Captain_Bob]

The lawyers are dreaming of a day when Thailand becomes as sue-happy and litigious as the US of A where you must follow all rules all the time.

Many visitors come here because it ISN'T like that (yet). 

[fvw53]

1 hour ago, aussiandrew said:

It's one time of the year when no no means yes yes to getting wet and wild.. Enjoy or stay inside...

About 30 years ago I returned during Songkran days from Don Muang to my house in Sukhumvit 24 and while sitting in a speeding tuk tuk my head got hit by a very strong spray of water : it cracked my ear drum and I developed a severe ear infection and since then I stay inside

[shy coconut]

4 hours ago, Bluespunk said:

Also if you fart in a lift you can be arrested for environmental pollution.

 

{Sarcasm alert}

You wouldn't want to risk that after eating some of the shellfish specials here.

 

Farts can develope quickly into something far more worrisome.

[Guderian]

These are presumably criminal charges which would have to be pressed by the police, so highly unlikely unless you want to try playing pass-the-envelope. However, there’s nothing to stop you from pressing a civil case and suing somebody who commits one of these offences, even if the police won’t take any action.

An example – a friend of mine didn’t get on with his upstairs neighbor in a condo block. After a lot of verbal toing and froing over many months, something happened one night (no doubt aided and abetted by a wee drop of Chang) that caused him to lose his rag, go upstairs, walk into the guy’s room and belt him one. Police called, criminal charges against my mate, it took over a year to get to court and when it concluded he was found guilty (not surprisingly), given a 6,000 Baht fine, and told that he’d be deported. His lawyer somehow paid off the deportation order and he thought he was home free. All it had cost him was some legal fees, losing his passport for a year (apart from when he had to do a visa run, then they’d give it back to him), and 6,000 Baht. But not so. A few days later he was served notice that the guy he’d attacked was suing him for a million Baht, and this was going to take another year or two and would probably end up costing a heck of a lot more than the criminal case. In the end he decided he’d had enough, sold up in Thailand and moved to the PI. The moral here is that the criminal case was more or less ineffective, but the civil case put far more fear and concern into him.

[twizzian]

I’ll give my business suit a dust off and wear it whist walking down the high street on the day, would that be sufficient evidence that I don’t wanna get a soaking!