Bangkok Legal Service

Public Official Coercion and Dereliction of Duty Violations

Legal illustration: Public Official Coercion and Dereliction of Duty Violations
Legal illustration: Public Official Coercion and Dereliction of Duty Violations

Article 5. Police Major Dee, Police Major Den, and Police Major , positions within the Investigative Unit for Protection and Security and Maintaining Order, met with Mr. Anant, providing accommodation to a foreign national without complying with the law. This constituted a violation of the Immigration Act. Police Majors Dee, Den, and conducted an arrest of Mr. Anant and , seizing the sum of 30,000 baht from Mr. Anant. Mr. Anant feared being arrested and intended to pay the Police Majors three sums of 20,000 baht, but subsequently negotiated a reduced amount. The Police Majors agreed to reduce the sum to 20,000 baht. Mr. Anant paid this sum of 20,000 baht, and was not arrested. What offenses did Police Majors Dee, Den, and commit? Provide the answer. The fact that Police Majors Dee, Den, and discovered a violation of the law and initiated an arrest stemmed from Mr. Anant’s provision of accommodation to a foreign national without complying with the law, constituting a violation of the Immigration Act. Mr. Anant’s actions were conducted in a lawful manner. The three Police Majors threatened Mr. Anant, demanding money from him following the threat, this constituted a violation based on being a public official demanding or accepting property for himself or another in an unlawful manner, pursuant to Section 149, 83 of the Penal Code. The joint threatening demand for money from Mr. Anant and the subsequent failure to effect an arrest constituted a dereliction of duty amounting to malfeasance, also constituting a violation of Section 157, 8 of the Criminal Code, which is a general provision. The threatening of Mr. Anant to demand the aforementioned money constituted coercion to induce him to agree to or consent to receiving benefits in the form of property, using force or threatening to use force or cause harm to life, body, health, sense, or property of the coerced individual until he consented as such, constituting a theft offense under Section 337 (first paragraph), 83 of the Penal Code.