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


webfact

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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! [emoji3]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!

This is a holiday weekend and I am off work until next Thursday
I like to ride my motorbike and take trips when I’m not working why should I not have a right to ride my motorbike?
Please explain


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13 minutes ago, ttrd said:

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 … 

 

 

 

It isnt really a water festival, its new years, water plays a very symbolic role in Buddhism and on this most auspicious day people head to temple to pour water over Buddhas statue and then over the hands of the young and old, as symbolism of change bringing new beginnings, that is the link to the water fights, nothing traditional about it.

 

The water fight nonsense is a modern invention and cutting it down will not see the festival lose anything anymore than Christmas would remain Christmas without as much marzipan.

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6 minutes ago, Guderian said:

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.

 

Yeah that's normal, and the beauty is, once the criminal case has reached a guilty verdict the civil case is an automatic win, the only thing to decide is how much to award, well worth persuing if youre a victim and the aggressor has money.  Cant your mate have him extradited for failing to show in court?

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3 minutes ago, Kieran00001 said:

Yeah that's normal, and the beauty is, once the criminal case has reached a guilty verdict the civil case is an automatic win, the only thing to decide is how much to award, well worth persuing if youre a victim and the aggressor has money.  Cant your mate have him extradited for failing to show in court?

Wonder how it should be proved that ice-cubes has been used in the water as they tend to disappear … :whistling: 

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4 minutes ago, ttrd said:

Wonder how it should be proved that ice-cubes has been used in the water as they tend to disappear … :whistling: 

 

The law regards the injury sustained, if i through a rock at you and hurt you then you would stand a chance at getting a conviction regardless of whether or not the court could prove beyond reasonable doubt which rock it was that hit you, just that you were hit with a rock.

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21 minutes ago, Celer et Audax said:


This is a holiday weekend and I am off work until next Thursday
I like to ride my motorbike and take trips when I’m not working why should I not have a right to ride my motorbike?
Please explain


Sent from my iPhone using Thailand Forum - Thaivisa mobile app

Providing you are properly licenced and the vehicle is legal, you are given the privilege to ride on a country's roads. It is NOT a right. And if you wish to exercise your privilege until next Thursday, no-one and no law is stopping you. If another party throws a bucket of water over you, they have not removed your privilege (or even any supposed right) to ride. If thrown water injures you, that is a different matter as it is an assault.

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13 minutes ago, Kieran00001 said:

 

The law regards the injury sustained, if i through a rock at you and hurt you then you would stand a chance at getting a conviction regardless of whether or not the court could prove beyond reasonable doubt which rock it was that hit you, just that you were hit with a rock.

Yes, BUT A rock is a rock and let a lasting signature - water is water regardless if it has +25 degree or +15 degree celsius and dont leave any signature what so ever - just a cold surprice that last for seconds … :thumbsup:

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You can get very sick from the water from the Moat in CM, or even have your cornea ripped off.

You can crash your bike because of water. Your property can be damaged, You can catch cold

from having to go to work in air conditioning  once your clothes are soaked. 

 

I love this self promoting Lawyer. Like somebody will be actually jailed for throwing water. Billions of baht damages who know s the health effects

from illegal burning this year no arrests apparent.

 

Edited by Date Masamune
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9 minutes ago, ttrd said:

Yes, BUT A rock is a rock and let a lasting signature - water is water regardless if it has +25 degree or +15 degree celsius and dont leave any signature what so ever - just a cold surprice that last for seconds … :thumbsup:

It lasts so long till you are dry again. Not so funny for all employees on the way to work.

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3 hours 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...

Aussiandrew probably thinks the same applies to women too, No officer it's ok, she said no no but she really meant yes yes!!

Edited by theonetrueaussie
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Quote:
 
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. 
...............................................................................................................................................................................................................................................................................
Easy, you need only take some Photos and ask for Name and Address to sue him her, not that difficult.. 
:burp:  
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25 minutes ago, CNXexpat said:

It lasts so long till you are dry again. Not so funny for all employees on the way to work.

You perform the national water festival or you dont - its not possible nor expected to be granted a dry walkway to work on any rainy days … :thumbsup:

Edited by ttrd
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5 hours ago, Bluespunk said:

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

 

{Sarcasm alert}

I make it my business to always leave something in the elevator.  I wish you Brits would learn the proper term the contraption, it's an elevator, not a lift.

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3 minutes ago, 4675636b596f75 said:

I make it my business to always leave something in the elevator.  I wish you Brits would learn the proper term the contraption, it's an elevator, not a lift.

Maybe he ment a lift as he wrote and not an elevator as you assumed - as we know both goes up and down … :whistling:

Edited by ttrd
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3 hours 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?!

I've been to traditional ceremonies in regional areas and no water is thrown.

Soil is transported to the Wats to restore the soil removed from people walking it away and it sticking to your shoes.

A one day of enjoyment and festivities. 

True Songkran. 

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45 minutes ago, ttrd said:

Yes, BUT A rock is a rock and let a lasting signature - water is water regardless if it has +25 degree or +15 degree celsius and dont leave any signature what so ever - just a cold surprice that last for seconds … :thumbsup:

 

Your question was...

 

"Wonder how it should be proved that ice-cubes has been used in the water as they tend to disappear  "

 

But now you are talking about 15c water, try 0c water, i think you will find it capable of leaving a signiture rather than just a cold suprise.

 

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Songkran ?  in Khon Kaen a few years ago I was on the bike with the wife on the back....doing about 25kph as it was amain road....kid steps out and slams a large bucket of ice water smack into my face and chest....the shock made me lose control and I pulled up and got off and I LOST FACE!! abusing this idiot telling him he almost caused an accident and why does he use iced water...even though I dont speak much Thai and I'm sure he had no idea of English he got my drift.....he just laughed....my wife told him not to use ice water but again he just muttered words about falungs and waved me off.......ok I get it..its a Thai tradition that was subtle and respectful but has become way over the top and taken to the extreme the way Thais do.......not my favourite time of year.......

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8 minutes ago, dallen52 said:

I've been to traditional ceremonies in regional areas and no water is thrown.

Soil is transported to the Wats to restore the soil removed from people walking it away and it sticking to your shoes.

A one day of enjoyment and festivities. 

True Songkran. 

 

Unusual if no water id thown over the statues in the wat.

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Just now, flexomike said:

Only in California  - 555

 

In Cali you could push for a simple assault charge, you only have to demonstrate that there was a realistic fear of battery, and lets face it, we've all smelled farts we feared had poo right behind them.

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of course you cannot moleste anyone, this goes without saying, there already laws in place. but as the others is there anything you can't get thrown in jail for? 2 years for throwing water,,, please,,,. my friends were mugged on jomtiem beach and the police could not bothered to deal, they said to my friends "go and take a picture of them and bring it back". they have now gone home. anyway like it or not Songkran is a local festival and celebration so if you dont like it stay in. I doubt very much a single person will be jailed for throwing water, guess we will see. its all hot air in my view.

 

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6 hours ago, bluesofa said:

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.

take a photo

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