Bribery of an Official by an Examination Candidate
Article 7. Mr. Chai feared he would fail the examination, therefore he informed Mr. Chom. Upon the examination, it was found that Mr. Chai was able to pass. In exchange for passing, an amount of 200,000 baht was to be paid. Mr. Chom agreed to this independently, without any assistance from Mr. Chai. However, Mr. Chai proceeded to deliver 200,000 baht to Mr. Chom, who perceived this as having received it. The question is whether Mr. Chai and Mr. Chom are liable for any wrongdoing? Mr. Chai requested money from Mr. Chom, who is an official, in order to incentivize him to perform an action contrary to his duty.
Answer: An act inappropriate to his position is punishable under Section 144 of the Criminal Code. Mr. Chom is an official who willingly accepts the money offered by Mr. Chai, which is an act inappropriate to his position, and is punishable under Section 149 of the Criminal Code. Mr. Chai did not cause the wrongdoing to occur, as it was the act of Mr. Chai.