Unlawful Demand for Compensation by a Law Enforcement Officer


On one day, Staff Sergeant Dech, a police officer assigned to the local police station, was performing his duties when he stopped to eat at a food stall. While eating, Staff Sergeant Dech observed Second Lieutenant Pok carrying a firearm with a registration, which was not authorized for him to carry, within the food stall. Staff Sergeant Dech then apprehended Second Lieutenant Pok, and seized the aforementioned firearm. After Staff Sergeant Dech finished eating, he returned the seized firearm to Second Lieutenant Pok, but demanded that Second Lieutenant Pok pay 200 baht as compensation for the meal consumed by Staff Sergeant Dech. Second Lieutenant Pok willingly paid the compensation. Subsequently, Staff Sergeant Dech released Second Lieutenant Pok, and Second Lieutenant Pok proceeded to pursue his duties. The following questions arise: What offenses, if any, did Staff Sergeant Dech commit?
The act by Staff Sergeant Dech of seizing Second Lieutenant Pok’s firearm with a registration, which was carried by him without authorization, and returning that firearm to Second Lieutenant Pok while demanding payment of 200 baht as compensation for the meal consumed by Staff Sergeant Dech, constitutes a violation of Section 149 of the Thai Penal Code, Case Law No. 410/2524 of the Supreme Court, concerning the unlawful demand and acceptance of property or other benefits by a public official.
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