Yes, Thai government officials are, unlike those of some other countries, not immune from being sued if they commit a wrongful act against a private individual. However, they are protected by law in performing their official duty. So a foreigner visiting Thailand may do something being an offence against them such as :
1. You may say a rude word that causes an insult to a Thai government official probably at the airport or elsewhere punishable with imprisonment not more than one year and fine not more than two thousand baht(1) or both.
2. Another offence likely to be committed by a foreign visitor is giving false information to the Thai authority particularly when you fill out an arriving form on the landing plane or at the airport. The punishment for the offence is imprisonment not exceeding 6 months and fine not exceeding one thousand(2) baht or both. If the false information given is concerning a criminal offence, the imprisonment is as high as two years or fine not exceeding four thousand baht. An apology may help the offender a lot. He/she may be acquitted. However he can be guilty guilty of the said offence only if he has known the given statement being not true.
3. Another offence likely to be committed by a foreign visitor is the resisting or obstructing the government official’s doing his/her official duty. For example, he orders you to open your case but you go away, or when the official manages to open the bag by himself, you prevent him from doing so. The punishment for that is imprisonment not exceeding one year or fine not exceeding two thousand baht or both. If such resistance or obstruction is done with an act of violence, the punishment is increased twice as much.
4. Forcing a government official to perform a duty which is not lawful or to abstain from performing his/her legal duty with an act of violence or a threat to exercise an act of violence is guilty punishable with imprisonment not exceeding four years or fine not exceeding eighty thousand baht or both. If such offence is committed with aweapon or with participation of three persons or more, the punishment is higher. And if the commission is done with a threat to use the force of a secret society or an illegal association, the punishment is much higher.
5. Destroying an official seal or making it useless is guilty, punishable with imprisonment not exceeding two years or fine not exceeding four thousand baht or both.
6. Taking away the thing or the document that has been seized or kept by the government authority is guilty with imprisonment not exceeding three years and fine not exceeding six thousand baht.
7. A foreign visitor demanding or agreeing to accept any property or other benefit as a return for persuading or having persuaded a government official to do a dishonest act or an illegal function is guilty, and is punishable with imprisonment not exceeding fine years and fine not exceeding ten thousand bath or both.
8. Giving bribe to government officials to seduce them to perform a legal duty, you will not be guilty, but the official receiving it is guilty of receiving bribe. However, if you give such a bribe to seduce him/her to do an illegal function, both you and he will be guilty with imprisonment not exceeding five years or fine not exceeding ten thousand baht or both. If the official being bribed is performing a function of justice like a judge, the imprisonment is as 7 years and fine not exceeding fourteen thousand baht.
9. Helping an offender to escape from being arrested is punishable with imprisonment not exceeding two years on fine not exceeding four thousand baht or both. Escaping from being detained is also guilty with similar punishment. If such escape is committed with assault or battery, the imprisonment is as high as five years. And if it is committed with a gun or an explosive, the punishment is higher by half. The more serious the offence, the more punishment is to be inflicted.
By KRAIVIT BUSINESS AND ESTATE LAW OFFICE :
WWW. K- HUAHINLAWYER.COM
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