Kamnan Poh Arrested In Bangkok

[Hans Sierhuis]

What surprises me is that Thais are very family orientated, but his son did not know where his father was.

I believe his son had been harboring a fugitive from the law and knew exactly where his father was, and therefore should be punished accordingly.

Surely lots of family knew his whereabouts but obviously been paid off. Anyway one gets caught, there is a vacancy now; Godfather required. Russian applicants are also welcome.

[cloghead]

Hope he gets cut loose from this little setback and is able to re-establish his former connections. The quality of smack on the Eastern Seaboard just ain't been the same since he had to "go invisible" in 2008 and Chalerm Yoobamrung's product is SO much more expensive and inferior

Edited January 31, 2013 by cloghead

[kbvicar]

Amazing Thailand never stops amazing.

A team of police commandos (to thwart any rescue attempt) have escorted him to prison.

He has been taken to Bangkok Remand Prison after he was medically cleared.

He'll be free in 30 years and 4 months at the age of 104.

http://www.dailynews...th/crime/181504

Looks more like a team of frogmen. Perhaps he was expected to jump into a khlong. Why would he need to be medically cleared before going to prison? Don't they have any prison doctors?

His past transgressions might be forgiven but the fashion police should never let him slide on the horrible ensemble he's wearing in this photo. Does he have no sense of proper dress? Shame on him...

On the other hand, the commandos look absolutely dashing...

[PoorSucker]

What surprises me is that Thais are very family orientated, but his son did not know where his father was.

I believe his son had been harboring a fugitive from the law and knew exactly where his father was, and therefore should be punished accordingly.

Read the article on the Nation.

"Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement."

[Buchholz]

What surprises me is that Thais are very family orientated, but his son did not know where his father was.

I believe his son had been harboring a fugitive from the law and knew exactly where his father was, and therefore should be punished accordingly.

Read the article on the Nation.

"Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement."

Additionally, former banned from politics for electoral fraud Culture Minister Sonthaya said yesterday that he was completely unaware of where his father has been for the past 82 months.

So that honest man confirming it, no one knew nuthin' about his whereabouts....

so no need to pursue any aiding/abetting charges against him or anyone else.

That his Dad was staying in the family mansion that Sonthaya visited often for years is irrelevant. Clearly, Dad is just really good at hide 'n seek in the broom closet.

.

Edited January 31, 2013 by Buchholz

[FarangTalk]

Only a took a year to arrest him after the 'tip-off.'

[Buchholz]

Only a took a year to arrest him after the 'tip-off.'

Paulie Walnuts only began asking for a bigger slice of Tony Soprano's pie this month.

.

[Arkady]

Only a took a year to arrest him after the 'tip-off.'

They have been conducting an intensive surveillance operation for the last two months - i.e. it started 10 months after the tip off.

[Arkady]

Note that Chalerm has already announced that no action is planned against those aided and abetted the fugitive to avoid justice, despite the fact these are criminal offences and tolerating such criminal behaviour makes a mockery of what they like to call a justice system. Is that to protect people who have aided and abetted fugitives wanted for murder in the past?

[chooka]

UPDATE

Kamnam Poh arrested after 7 years on run

THE NATION

Father of culture minister faces 30 yrs for murder, graft; govt denies any pressure, rift

BANGKOK: -- After seven years on the run following convictions for murder and corruption, Chon Buri-based influential figure Somchai Khunpluem, better known as Kamnan Poh, was arrested early yesterday while travelling in his vehicle in eastern Bangkok and placed in custody, where he was to begin serving his sentences of more than 30 years in prison.

The shock arrest has sparked speculation over the political consequences for the Pheu Thai-led government, as Somchai is the father of Culture Minister Sonthaya Kunplome, the leader of the Phalang Chon Party, which is a member of the Pheu Thai Party-led ruling coalition.

However, Deputy Prime Minister and Pheu Thai party-list MP Chalerm Yoobamrung dismissed the speculation as hype, saying no political bargaining or internal rifts played a role in Somchai's arrest.

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

STOPPED BY COMMANDOS

Somchai, travelling with a kamnan based in Chon Buri's Muang district, a woman doctor and a male driver in a black Lexus SUV, was arrested by a team of fully armed police commandos when his vehicle stopped at the Lat Krabang toll plaza on the outbound motorway in eastern Bangkok. He was taken under heavy security to a Crime Suppression Division (CSD) commando unit off Lat Phrao Road for processing and registration of his arrest.

The commando team leader, Pol Colonel Athip Thaennil, said the arrest was made possible by "a citizen's tip-off" provided a year ago to Pol Lt-Colonel Phongphat Chayaphan, the commander of the Central Investigation Bureau. According to the tip, Somchai remained in Thailand for most of his seven years on the run. Athip said police had not acted under any political pressure to arrest Somchai.

"The other details of the police investigation are confidential," he said.

The kamnan travelling with Somchai, Winai Phonphaiphal, the chief of tambon Samet, admitted to possessing six shotgun shells. He was charged with possessing and carrying munitions without permission.

Somchai used the false name "Kim sae Tang" for his medical registration at Samitivej Hospital's Srinakarin Road branch, according to police, who found packages of medicine in the vehicle, which Somchai admitted to taking. CSD commander Pol Maj-General Suphisal Phakdeenaruenart said footage from security cameras installed at the hospital were being examined to determine Somchai's movements in and out of the hospital.

The hospital later announced that neither its medical registration or doctors' records showed a patient under the name Somchai or Kim. Asked if the hospital knowingly treated Somchai under a false name, spokeswoman Aphinya Chotesri denied it, and said patients must register for treatment using only their real name, submitting their identity card as proof.

Former National Police chief Seripisut Temiyavet, a candidate for the Bangkok governor election credited with achieving both of the convictions against Somchai during his police career, boasted about his past work in taking down Somchai. Today, he is scheduled to make a statement about his role in the cases at a press conference at 1.30pm.

Somchai is in custody at Bangkok Remand Prison, and will soon be located to Bang Khwang maximum security prison, as his sentences carry combined terms of more than 15 years. At 75, Somchai has chronic high blood pressure, and a brain infarction, according to a prison doctor, who said Somchai's relatives had asked him to provide a breathing-assistance machine.

Two solid legal cases against Somchai "Kamnan Poh" Khunpluem

Corruption

1994 - Somchai arranges the purchase of land parcels and sells them to Pattaya City for Bt668,000 per rai for use as a landfill site

An examination shows the parcels were located inside a national forest reserve and were normally sold for just Bt50,000 per rai

Police take action against Somchai

Public prosecutors indict him in court

2003 -Chon Buri Court finds Somchai guilty and sentences him to five years and four months in jail.

2004 - Appeals Court upholds the lower court's decision

2006 - He goes on the run. Supreme Court upholds the lower courts' decision

2009 - Civil Court orders the seizure of assets worth Bt11million from Somchai, his wife and his son.

Murder

2003 - Prayoon "Kamnan Yoon Sithichot" assassinated and the gunmen point the finger at Somchai as the plotter

2004 - Criminal Court convicts Somchai in absentia and sentences him to 25 years in jail

2005 - Appeals Court upholds the lower court's ruling

2012 - Arrest warrant issued for not appearing at the verdict reading by the Supreme Court

Supreme Court sentences Somchai to 25 years in jail for masterminding the murder of Prayoon

2013 - Somchai arrested while travelling out of Bangkok to his hometown of Chon Buri

Somchai to be required to serve out his combined jail term of more than 30 years

-- The Nation 2013-01-31

He will be out on bail this time tomorrow.

[PoodMaiDai]

Wonder which son he will pass his jet ski business to?

All jokes aside, we'll probably never hear another word about any of this.

[PoodMaiDai]

UPDATE

Kamnam Poh arrested after 7 years on run

THE NATION

Father of culture minister faces 30 yrs for murder, graft; govt denies any pressure, rift

BANGKOK: -- After seven years on the run following convictions for murder and corruption, Chon Buri-based influential figure Somchai Khunpluem, better known as Kamnan Poh, was arrested early yesterday while travelling in his vehicle in eastern Bangkok and placed in custody, where he was to begin serving his sentences of more than 30 years in prison.

The shock arrest has sparked speculation over the political consequences for the Pheu Thai-led government, as Somchai is the father of Culture Minister Sonthaya Kunplome, the leader of the Phalang Chon Party, which is a member of the Pheu Thai Party-led ruling coalition.

However, Deputy Prime Minister and Pheu Thai party-list MP Chalerm Yoobamrung dismissed the speculation as hype, saying no political bargaining or internal rifts played a role in Somchai's arrest.

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

STOPPED BY COMMANDOS

Somchai, travelling with a kamnan based in Chon Buri's Muang district, a woman doctor and a male driver in a black Lexus SUV, was arrested by a team of fully armed police commandos when his vehicle stopped at the Lat Krabang toll plaza on the outbound motorway in eastern Bangkok. He was taken under heavy security to a Crime Suppression Division (CSD) commando unit off Lat Phrao Road for processing and registration of his arrest.

The commando team leader, Pol Colonel Athip Thaennil, said the arrest was made possible by "a citizen's tip-off" provided a year ago to Pol Lt-Colonel Phongphat Chayaphan, the commander of the Central Investigation Bureau. According to the tip, Somchai remained in Thailand for most of his seven years on the run. Athip said police had not acted under any political pressure to arrest Somchai.

"The other details of the police investigation are confidential," he said.

The kamnan travelling with Somchai, Winai Phonphaiphal, the chief of tambon Samet, admitted to possessing six shotgun shells. He was charged with possessing and carrying munitions without permission.

Somchai used the false name "Kim sae Tang" for his medical registration at Samitivej Hospital's Srinakarin Road branch, according to police, who found packages of medicine in the vehicle, which Somchai admitted to taking. CSD commander Pol Maj-General Suphisal Phakdeenaruenart said footage from security cameras installed at the hospital were being examined to determine Somchai's movements in and out of the hospital.

The hospital later announced that neither its medical registration or doctors' records showed a patient under the name Somchai or Kim. Asked if the hospital knowingly treated Somchai under a false name, spokeswoman Aphinya Chotesri denied it, and said patients must register for treatment using only their real name, submitting their identity card as proof.

Former National Police chief Seripisut Temiyavet, a candidate for the Bangkok governor election credited with achieving both of the convictions against Somchai during his police career, boasted about his past work in taking down Somchai. Today, he is scheduled to make a statement about his role in the cases at a press conference at 1.30pm.

Somchai is in custody at Bangkok Remand Prison, and will soon be located to Bang Khwang maximum security prison, as his sentences carry combined terms of more than 15 years. At 75, Somchai has chronic high blood pressure, and a brain infarction, according to a prison doctor, who said Somchai's relatives had asked him to provide a breathing-assistance machine.

Two solid legal cases against Somchai "Kamnan Poh" Khunpluem

Corruption

1994 - Somchai arranges the purchase of land parcels and sells them to Pattaya City for Bt668,000 per rai for use as a landfill site

An examination shows the parcels were located inside a national forest reserve and were normally sold for just Bt50,000 per rai

Police take action against Somchai

Public prosecutors indict him in court

2003 -Chon Buri Court finds Somchai guilty and sentences him to five years and four months in jail.

2004 - Appeals Court upholds the lower court's decision

2006 - He goes on the run. Supreme Court upholds the lower courts' decision

2009 - Civil Court orders the seizure of assets worth Bt11million from Somchai, his wife and his son.

Murder

2003 - Prayoon "Kamnan Yoon Sithichot" assassinated and the gunmen point the finger at Somchai as the plotter

2004 - Criminal Court convicts Somchai in absentia and sentences him to 25 years in jail

2005 - Appeals Court upholds the lower court's ruling

2012 - Arrest warrant issued for not appearing at the verdict reading by the Supreme Court

Supreme Court sentences Somchai to 25 years in jail for masterminding the murder of Prayoon

2013 - Somchai arrested while travelling out of Bangkok to his hometown of Chon Buri

Somchai to be required to serve out his combined jail term of more than 30 years

-- The Nation 2013-01-31

He will be out on bail this time tomorrow.

2016 Somchai elected Mayor of Pattaya after his son steps down.

[Kitbaikitmah]

A lengthy read but by many accounts he could have been caught sooner...if there was the political will.

Some entity behind scenes and probably with an agenda beyond just justice has played a 'community chest' card.

[nidieunimaitre]

Posted 2013-01-10

http://www.thaivisa....inisters-hopes/

BANGKOK: -- Sonthaya Kunplome was clearly not totally happy when he became culture minister after he completed his five-year political ban.

The culture portfolio was not the Cabinet seat Sonthaya wanted when his Palang Chon Party joined the Yingluck government. Instead, he sought and is still seeking the post of tourism and sports minister.

Like Paulie Walnuts wanting a bigger slice of the pie from Tony Soprano, greed did in the Khunplomes when the big godfather put the smaller lieutenant on ice.

It sent the message, don't mess with Tony Shinegra. With the caveat being of that of a benevolent godfather he does recognize the usefulness of Paulie's faction and thus is sparring the other family members. However, that too, is subject to change depending on how they react to Paulie in prison.

.

.

How about using politicians' proper names?

[JetsetBkk]

Note that Chalerm has already announced that no action is planned against those aided and abetted the fugitive to avoid justice, despite the fact these are criminal offences and tolerating such criminal behaviour makes a mockery of what they like to call a justice system. Is that to protect people who have aided and abetted fugitives wanted for murder in the past?

Can't be - Duangchalerm was acquitted of murder on the grounds of insufficient evidence and conflicting witness accounts.

[Payboy]

He was understood to have been visiting his doctor at Samitivej Hospital’s Pattanakarn branch.

So Samitivej wants a copy of my passport for a measly Bupa claim even before checking my condition, but have no concerns or questions catering to a fugitive wanted on a murder charge?

[Buchholz]

He was understood to have been visiting his doctor at Samitivej Hospital’s Pattanakarn branch.

So Samitivej wants a copy of my passport for a measly Bupa claim even before checking my condition, but have no concerns or questions catering to a fugitive wanted on a murder charge?

Samitivej Hospital is claiming they didn't know it was Somchai that they were treating because he had obtained treatment through the emergency room and not an outpatient clinic (intimating that patient ID's are not checked in the ER but are in their clinics).

Meanwhile, the Crime Suppression Division Chief, Police Major-General Supisarn Phakdinaruenart said they would likely not press charges against the hospital because he felt hospitals are obligated to take care of patients.

.

[Thai at Heart]

He was understood to have been visiting his doctor at Samitivej Hospital’s Pattanakarn branch.

So Samitivej wants a copy of my passport for a measly Bupa claim even before checking my condition, but have no concerns or questions catering to a fugitive wanted on a murder charge?

Samitivej Hospital is claiming they didn't know it was Somchai that they were treating because he had obtained treatment through the emergency room and not an outpatient clinic (intimating that patient ID's are not checked in the ER but are in their clinics).

Meanwhile, the Crime Suppression Division Chief, Police Major-General Supisarn Phakdinaruenart said they would likely not press charges against the hospital because he felt hospitals are obligated to take care of patients.

.

Why the hell did he need to go to bangkok for treatment anyway? No doctors or hospitals in chonburi?

[Buchholz]

He was understood to have been visiting his doctor at Samitivej Hospital's Pattanakarn branch.

So Samitivej wants a copy of my passport for a measly Bupa claim even before checking my condition, but have no concerns or questions catering to a fugitive wanted on a murder charge?

Samitivej Hospital is claiming they didn't know it was Somchai that they were treating because he had obtained treatment through the emergency room and not an outpatient clinic (intimating that patient ID's are not checked in the ER but are in their clinics).

Meanwhile, the Crime Suppression Division Chief, Police Major-General Supisarn Phakdinaruenart said they would likely not press charges against the hospital because he felt hospitals are obligated to take care of patients.

.

Why the hell did he need to go to bangkok for treatment anyway? No doctors or hospitals in chonburi?

He supposedly has cancer, which could necessitate the need for specialists in Bangkok...

but if that's the case, that damages the hospital's contention that he sought treatment through the ER.

By the way, he has since been transferred within the the prison to the prison hospital.

.

[Psych01]

Not sure if it is the way I looked at the picture of the "frogmen", or not, but are their heads bowed slightly? Also, ain't they the Tiger Squad guys, the special arm of the police that can not be bought etc?

http://www.dailynews...over/181504.jpg

Edited February 1, 2013 by Psych01

[Pimay1]

He was understood to have been visiting his doctor at Samitivej Hospital’s Pattanakarn branch.

So Samitivej wants a copy of my passport for a measly Bupa claim even before checking my condition, but have no concerns or questions catering to a fugitive wanted on a murder charge?

Samitivej Hospital is claiming they didn't know it was Somchai that they were treating because he had obtained treatment through the emergency room and not an outpatient clinic (intimating that patient ID's are not checked in the ER but are in their clinics).

Meanwhile, the Crime Suppression Division Chief, Police Major-General Supisarn Phakdinaruenart said they would likely not press charges against the hospital because he felt hospitals are obligated to take care of patients.

.

Interesting statement from the hospital. I went to the emergency room (standard procedure rather than going into a doctor's room) at Aek International hospital here in Udon to get a mole removed from my arm. The first thing they asked me for was my ID. I think I don't believe what Samitivej Hospital is claiming.

[Buchholz]

The Nation - Jan. 31, 2013

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

Chalerm may be the Deputy Prime Minister in charge of police affairs, but the police are now investigating the involvement of family members in protecting Somchai during his 7 year flight from justice.

National Police Chief Police General Adul Saengsingkaew said these family members must be questioned as to their actions and Central Investigation Bureau Commissioner Police Lieutenant-General Pongpat Chaiyaphan said they were considering taking action against them.

However, Crime Suppression Division Chief Police Major-General Supisarn Phakdinaruenart said, in addition to his hospital comments above, that the police may not take any action against these family members because, in Thai culture, children are obligated and responsible for taking care of their parents.

He indicated that in order to pursue aiding/abetting charges, a situational "special motive" must be demonstrated and that, under Thai law, children protecting their parents fails to meet that "special motive" criteria.

.

Edited February 1, 2013 by Buchholz

[Thai at Heart]

The Nation - Jan. 31, 2013

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

Chalerm may be the Deputy Prime Minister in charge of police affairs, but the police are now investigating the involvement of family members in protecting Somchai during his 7 year flight from justice.

National Police Chief Police General Adul Saengsingkaew said these family members must be questioned as to their actions and Central Investigation Bureau Commissioner Police Lieutenant-General Pongpat Chaiyaphan said they were considering taking action against them.

However, Crime Suppression Division Chief Police Major-General Supisarn Phakdinaruenart said, in addition to his hospital comments above, that the police may not take any action against these family members because, in Thai culture, children are obligated and responsible for taking care of their parents.

He indicated that in order to pursue aiding/abetting charges, a situational "special motive" must be demonstrated and that, under Thai law, children protecting their parents fails to meet that "special motive" criteria.

.

Special motive. Classic statement on Thai culture don't you think.

[DiNiro]

If the police take out the family members too, it probably means they are taking over the 'business' on the eastern seaboard.

Mafia wars.

[Buchholz]

Samitivej Hospital is claiming they didn't know it was Somchai that they were treating because he had obtained treatment through the emergency room and not an outpatient clinic (intimating that patient ID's are not checked in the ER but are in their clinics).

Meanwhile, the Crime Suppression Division Chief, Police Major-General Supisarn Phakdinaruenart said they would likely not press charges against the hospital because he felt hospitals are obligated to take care of patients.

Interesting statement from the hospital. I went to the emergency room (standard procedure rather than going into a doctor's room) at Aek International hospital here in Udon to get a mole removed from my arm. The first thing they asked me for was my ID. I think I don't believe what Samitivej Hospital is claiming.

Your experience mirror every other hospital. The disbelief in their claim is heightened by the repeated trips he made to the hospital to treat his apparent cancer diagnosis.

Since the beginning of this topic, there have been repeated reports that he was treated there under an assumed name, Kim Sae Tang (printed on the prescriptions obtained from the hospital and confiscated by the police when he was arrested).

However, Samitivej Hospital is claiming they have no record of a patient with that name.

.

Edited February 1, 2013 by Buchholz

[Buchholz]

The Nation - Jan. 31, 2013

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

Chalerm may be the Deputy Prime Minister in charge of police affairs, but the police are now investigating the involvement of family members in protecting Somchai during his 7 year flight from justice.

National Police Chief Police General Adul Saengsingkaew said these family members must be questioned as to their actions and Central Investigation Bureau Commissioner Police Lieutenant-General Pongpat Chaiyaphan said they were considering taking action against them.

However, Crime Suppression Division Chief Police Major-General Supisarn Phakdinaruenart said, in addition to his hospital comments above, that the police may not take any action against these family members because, in Thai culture, children are obligated and responsible for taking care of their parents.

He indicated that in order to pursue aiding/abetting charges, a situational "special motive" must be demonstrated and that, under Thai law, children protecting their parents fails to meet that "special motive" criteria.

Special motive. Classic statement on Thai culture don't you think.

Thai culture special and unique.

Crime Suppression Division Chief Police Major-General Supisarn cited Section 59 of the Penal Code that will determine whether charges are laid on family members for assisting their fugitive convicted father. The section, however, doesn't mention Thai culture or familial obligations.

=====================================================

Section 59

A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing.

If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

=====================================================

.

Edited February 1, 2013 by Buchholz

[Fozfromoz]

The Nation - Jan. 31, 2013

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

Chalerm may be the Deputy Prime Minister in charge of police affairs, but the police are now investigating the involvement of family members in protecting Somchai during his 7 year flight from justice.

National Police Chief Police General Adul Saengsingkaew said these family members must be questioned as to their actions and Central Investigation Bureau Commissioner Police Lieutenant-General Pongpat Chaiyaphan said they were considering taking action against them.

However, Crime Suppression Division Chief Police Major-General Supisarn Phakdinaruenart said, in addition to his hospital comments above, that the police may not take any action against these family members because, in Thai culture, children are obligated and responsible for taking care of their parents.

He indicated that in order to pursue aiding/abetting charges, a situational "special motive" must be demonstrated and that, under Thai law, children protecting their parents fails to meet that "special motive" criteria.

Special motive. Classic statement on Thai culture don't you think.

Thai culture special and unique.

Crime Suppression Division Chief Police Major-General Supisarn cited Section 59 of the Penal Code that will determine whether charges are laid on family members for assisting their fugitive convicted father. The section, however, doesn't mention Thai culture or familial obligations.

=====================================================

Section 59

A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing.

If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

=====================================================

.

Interesting to note in the other thread, (investigation of up to 10 people), article 189 is referenced. It seems quite clear to me what it says, but who knows. Perhaps one takes precedence

[DiNiro]

The Nation - Jan. 31, 2013

Chalerm said there would be no attempt to take legal action against anyone who may have sheltered Somchai during his seven-year flight from justice, though criminal liability does exist for such an offence. He did not elaborate on the statement.

Chalerm may be the Deputy Prime Minister in charge of police affairs, but the police are now investigating the involvement of family members in protecting Somchai during his 7 year flight from justice.

National Police Chief Police General Adul Saengsingkaew said these family members must be questioned as to their actions and Central Investigation Bureau Commissioner Police Lieutenant-General Pongpat Chaiyaphan said they were considering taking action against them.

However, Crime Suppression Division Chief Police Major-General Supisarn Phakdinaruenart said, in addition to his hospital comments above, that the police may not take any action against these family members because, in Thai culture, children are obligated and responsible for taking care of their parents.

He indicated that in order to pursue aiding/abetting charges, a situational "special motive" must be demonstrated and that, under Thai law, children protecting their parents fails to meet that "special motive" criteria.

Special motive. Classic statement on Thai culture don't you think.

Thai culture special and unique.

Crime Suppression Division Chief Police Major-General Supisarn cited Section 59 of the Penal Code that will determine whether charges are laid on family members for assisting their fugitive convicted father. The section, however, doesn't mention Thai culture or familial obligations.

=====================================================

Section 59

A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing.

If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

=====================================================

.

With their money, it's probably a large house or compound so conceivably, his family and him may have not crossed paths the last 7 years.

And the hospital paperwork? Most likely, just a mixup by some low level staff.

[Buchholz]

Crime Suppression Division Chief Police Major-General Supisarn cited Section 59 of the Penal Code that will determine whether charges are laid on family members for assisting their fugitive convicted father. The section, however, doesn't mention Thai culture or familial obligations.

.

Interesting to note in the other thread, (investigation of up to 10 people), article 189 is referenced. It seems quite clear to me what it says, but who knows. Perhaps one takes precedence

Probably way too much to expect a Police Major-General to know which criminal offense he was investigating , but, certainly, Section 189 seems to be the applicable one.

Still no mention, however, of Thai culture or familial obligations. It reads very straight-forward.

It also seems straight-forward that family members violated it.

======================================================

Section 189

Whoever assists the other person who commits or is alleged of having committed an offence which is not a petty offence so that such person may not be punished by giving him lodging, by hiding, or by assisting him by any means so that he may not be arrested, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

=====================================================

.

Edited February 1, 2013 by Buchholz

[OzMick]

Crime Suppression Division Chief Police Major-General Supisarn cited Section 59 of the Penal Code that will determine whether charges are laid on family members for assisting their fugitive convicted father. The section, however, doesn't mention Thai culture or familial obligations.

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Interesting to note in the other thread, (investigation of up to 10 people), article 189 is referenced. It seems quite clear to me what it says, but who knows. Perhaps one takes precedence

Probably way too much to expect a Police Major-General to know which criminal offense he was investigating , but, certainly, Section 189 seems to be the applicable one.

Still no mention, however, of Thai culture or familial obligations. It reads very straight-forward.

It also seems straight-forward that family members violated it.

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Section 189

Whoever assists the other person who commits or is alleged of having committed an offence which is not a petty offence so that such person may not be punished by giving him lodging, by hiding, or by assisting him by any means so that he may not be arrested, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

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189 having included those alleged to have committed, would put Chalerm clearly in the line for charges when his son decided to take a lengthy holiday.