Baaksida Posted February 14, 2005 Share Posted February 14, 2005 What are the (maximum) penalties for defamation of a natural person by a foreigner according to Thailand's Penal code? Where can I find the Thailand Penal Code (especially code 326) in English? Link to comment Share on other sites More sharing options...
mbkudu Posted February 14, 2005 Share Posted February 14, 2005 What are the (maximum) penalties for defamation of a natural person by a foreigner according to Thailand's Penal code?Where can I find the Thailand Penal Code (especially code 326) in English? I hope you didn't call someone a 'heel'. Link to comment Share on other sites More sharing options...
johnnyk Posted February 14, 2005 Share Posted February 14, 2005 The penal code may be the least worrisome thing. A potential hit-and-run accident or an errant tire iron might be more so. Link to comment Share on other sites More sharing options...
Thaiboxer Posted February 14, 2005 Share Posted February 14, 2005 Not so sure about any kind of law saying you can't insult somebody in public (with exception of the Royal Family) but as johnnyk says...it's the retribution brought on by the insultee that you have to worry about. Maybe Thai family/friends can give some advice. Good luck! Link to comment Share on other sites More sharing options...
Thaiboxer Posted February 14, 2005 Share Posted February 14, 2005 The word "hiaa", as indicated by another poster is a bad one. In English it simply translates to "monitor lizard" but in Thai is VERY offensive and a lot worse than its English counterpart. "Saat" or "animal", while offensive in English, is MUCH MUCH worse in Thai. Calling somebody an animal here is not taken lightly. Getting into a confrontation with a local, as many farang will agree, is best avoided. Link to comment Share on other sites More sharing options...
edd Posted February 14, 2005 Share Posted February 14, 2005 I have found that par mer mi san sorn [sorry for the translation] Your father and mother have no manners. It works well. Link to comment Share on other sites More sharing options...
p_brownstone Posted February 14, 2005 Share Posted February 14, 2005 I have found that par mer mi san sorn [sorry for the translation] Your father and mother have no manners. It works well. I believe the OP is asking for advice about the penalties resulting from having already insulted a Thai. He is not asking for garbled, pseudo-macho (vide your Signature) or ill-translated information on how to do so. Patrick Link to comment Share on other sites More sharing options...
marquess Posted February 14, 2005 Share Posted February 14, 2005 There are two laws pertaining to personal insult. The first one is called Doomin, which is the lesser of the two. The penalty is a fine. The second is called Mimpramar, which is a slander case, this can result in a fine or prison sentence. Both of these are (Iyaa) criminal rather than civil. The reason I am offay with this, is because about three years ago some woman tried to have me done for calling her a buffulo. The case did not stand for two reasons, one she lied and secondly if you call someone something that they can't possibly be then it's not slander. I hope this helps? Link to comment Share on other sites More sharing options...
mbkudu Posted February 14, 2005 Share Posted February 14, 2005 The word "hiaa", as indicated by another poster is a bad one. In English it simply translates to "monitor lizard" but in Thai is VERY offensive and a lot worse than its English counterpart. "Saat" or "animal", while offensive in English, is MUCH MUCH worse in Thai. Calling somebody an animal here is not taken lightly. Getting into a confrontation with a local, as many farang will agree, is best avoided. Actually I was referring to the word 'heel' as in your foot which in Thai is 'son-tin' or something similar sounding to that. Whatever you do, don't say it to someone unless you enjoy beatings upon your head. Link to comment Share on other sites More sharing options...
Thaiboxer Posted February 15, 2005 Share Posted February 15, 2005 ""There are two laws pertaining to personal insult. The first one is called Doomin, which is the lesser of the two. The penalty is a fine. The second is called Mimpramar, which is a slander case, this can result in a fine or prison sentence. Both of these are (Iyaa) criminal rather than civil. The reason I am offay with this, is because about three years ago some woman tried to have me done for calling her a buffulo. The case did not stand for two reasons, one she lied and secondly if you call someone something that they can't possibly be then it's not slander. I hope this helps?"" It's hard to believe that you could be prosecuted for calling somebody a buffalo. Slander is of course more serious since you can ruin somebody's reputation...slander seems to often be associated with Hollywood celebrities and results in multi million dollar lawsuits all the time. Unless you're publicy insulting something or somebody held sacred, fines and jail time are a bit stiff I think. So many people these days will do anything to get attention/money by blowing things out of proportion...sort of reminds me how that HK lady tried to accuse a Thai tuk-tuk driver of raping her. The poor guy was arrested and dragged off to jail only to be found innocent later just because this lady wanted to make a name for herself. Maybe somebody could try to say that being called a buffalo caused them psychological trauma. Link to comment Share on other sites More sharing options...
astral Posted February 15, 2005 Share Posted February 15, 2005 For section 326 the comment, "Likely to injure the reputation of the person, or expose the person to public hatred, or contempt", must have been made to a Third Party. Max penalty 1 year in Prison, or 2000 baht, or both. This may help? 329 Whoever, in good faith expesses an opinion or statement: 1. By way of self justification, or for the prottection of any due interest 2. In his official capacity, in the course of duty 3. By way fo fair comment of a person subject to public criticism 4. By way of fair report in open Court shall not be guilty of defamation. Link to comment Share on other sites More sharing options...
Baaksida Posted February 15, 2005 Author Share Posted February 15, 2005 (edited) For section 326 the comment, "Likely to injure the reputation of the person, or expose the person to public hatred, or contempt", must have been made to a Third Party.Max penalty 1 year in Prison, or 2000 baht, or both. This may help? Are you sure it's only a max. 2,000 baht fine?? Well, I made a bad mistake by printing and distributing leaflets calling my ex-girlfriend a #@$*e, because she was attempting to butterfly... I was really upset and angry on that day. No surprise, that she came with the police who told me that it would be 200,000 baht (!!) once it came to court. We settled on 60,000 plus, 'signing' a contract in English, which requires me to pay her 5,000 plus baht every month... (This contract, in which I agreed to "voluntarily ... pay" is mentioned in a police report, which I signed "Don't understand...". So what is it worth?? Edited February 15, 2005 by Baaksida Link to comment Share on other sites More sharing options...
tuky Posted February 15, 2005 Share Posted February 15, 2005 For section 326 the comment, "Likely to injure the reputation of the person, or expose the person to public hatred, or contempt", must have been made to a Third Party.Max penalty 1 year in Prison, or 2000 baht, or both. This may help? Are you sure it's only a max. 2,000 baht fine?? Well, I made a bad mistake by printing and distributing leaflets calling my ex-girlfriend a #@$*e, because she was attempting to butterfly... I was really upset and angry on that day. No surprise, that she came with the police who told me that it would be 200,000 baht (!!) once it came to court. We settled on 60,000 plus, 'signing' a contract in English, which requires me to pay her 5,000 plus baht every month... (This contract, in which I agreed to "voluntarily ... pay" is mentioned in a police report, which I signed "Don't understand...". So what is it worth?? <{POST_SNAPBACK}> Link to comment Share on other sites More sharing options...
marquess Posted February 15, 2005 Share Posted February 15, 2005 The real thing to watch out for, is that if you are successfully prosecuted. Then as a foreigner, you are liable for deportation to your home country. Link to comment Share on other sites More sharing options...
Ijustwannateach Posted February 15, 2005 Share Posted February 15, 2005 Sounds to me like you picked the wrong girlfriend... but the leaflets were a pretty dumb idea, even if there weren't a chance of a libel case. Grow up! "Steven" Link to comment Share on other sites More sharing options...
meemiathai Posted February 15, 2005 Share Posted February 15, 2005 For section 326 the comment, "Likely to injure the reputation of the person, or expose the person to public hatred, or contempt", must have been made to a Third Party.Max penalty 1 year in Prison, or 2000 baht, or both. This may help? Are you sure it's only a max. 2,000 baht fine?? Well, I made a bad mistake by printing and distributing leaflets calling my ex-girlfriend a #@$*e, because she was attempting to butterfly... I was really upset and angry on that day. No surprise, that she came with the police who told me that it would be 200,000 baht (!!) once it came to court. We settled on 60,000 plus, 'signing' a contract in English, which requires me to pay her 5,000 plus baht every month... (This contract, in which I agreed to "voluntarily ... pay" is mentioned in a police report, which I signed "Don't understand...". So what is it worth?? SOM NAM NA!! Link to comment Share on other sites More sharing options...
ProfessorFart Posted February 15, 2005 Share Posted February 15, 2005 Doesn't seem to have been the best move!!! Maybe she offered the coppers a cut of the 60K! Not a bad bonus for a days work! Link to comment Share on other sites More sharing options...
Baaksida Posted February 15, 2005 Author Share Posted February 15, 2005 Sounds to me like you picked the wrong girlfriend... but the leaflets were a pretty dumb idea, even if there weren't a chance of a libel case. Grow up!"Steven" <{POST_SNAPBACK}> 1. "...Grow up" Right. 2. "wrong girlfriend" Yes, she's 'Problem Girl'. She has a serious heart condition, so I may (voluntarily) end up with much more than 60,000, paying for heart surgery, if we get together again... Link to comment Share on other sites More sharing options...
Khutan Posted February 15, 2005 Share Posted February 15, 2005 SOM NAM NA!! <{POST_SNAPBACK}> That was going through my mind as well. I was also thinking Tham tha eng - "you do yourself" But I can learn from this and hopefully not repeat Baaksida's mistake Link to comment Share on other sites More sharing options...
skycop51 Posted February 15, 2005 Share Posted February 15, 2005 AFter 30- years I would like to know what Ha Lock is. Bill Link to comment Share on other sites More sharing options...
Neeranam Posted February 16, 2005 Share Posted February 16, 2005 (edited) was really upset and angry on that day. No surprise, that she came with the police who told me that it would be 200,000 baht (!!) once it came to court.We settled on 60,000 plus, 'signing' a contract in English, which requires me to pay her 5,000 plus baht every month... (This contract, in which I agreed to "voluntarily ... pay" is mentioned in a police report, which I signed "Don't understand...". So what is it worth?? Way too much. I believe the maximum sentence is 2000 Baht or 1 month in prison. Would be very unusual to get a prison sentence. You have now made it harder for the rest of us, the police now think all farang will pay out 60,000 baht for a very minor crime. Just deny it!!!!!! Then say, OK, It wasn't me but here is 5,000 baht for your trouble. Stand up for yourself, call their bluff. You have been conned. Why the ###### are you giving her 5000 baht a month? BTW, I understand why you handed out leaflets. BTW, there is a 30 baht medical scheme for Thais. Edited February 16, 2005 by Neeranam Link to comment Share on other sites More sharing options...
astral Posted February 16, 2005 Share Posted February 16, 2005 What I quoted was straight out of the book, albeit an old copy, but I seriously doubt that the amount for the fine has been increased. Link to comment Share on other sites More sharing options...
Baaksida Posted February 16, 2005 Author Share Posted February 16, 2005 Way too much. I believe the maximum sentence is 2000 Baht or 1 month in prison.Would be very unusual to get a prison sentence. You have now made it harder for the rest of us, the police now think all farang will pay out 60,000 baht for a very minor crime. Just deny it!!!!!! Then say, OK, It wasn't me but here is 5,000 baht for your trouble. Stand up for yourself, call their bluff. You have been conned. Why the ###### are you giving her 5000 baht a month? BTW, I understand why you handed out leaflets. BTW, there is a 30 baht medical scheme for Thais. <{POST_SNAPBACK}> Thanks guys for the good advice!! And yes, I was fooled by the girl and conned by the police! As for the 30 baht scheme, no, obviously heart surgery isn't included. (But then again, it was the girl who told me that.) Link to comment Share on other sites More sharing options...
chaladmak Posted February 16, 2005 Share Posted February 16, 2005 is it imperative to insult in public? why not in private? I think insulting anyone in front of public hurts more ! Link to comment Share on other sites More sharing options...
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