Bangkok Legal Service

“The Prosecutor, in his capacity as an essential agent of the Administration of Justice, continuously maintains the honor and dignity of their profession. The Prosecutor actively participates in criminal proceedings, including prosecution, supervision over the legality of these investigations, the execution of court decisions, and the protection of the public interest. (3 points) Prosecutors shall perform their functions impartially, without bias or discrimination based on political, social, religious, racial, cultural, sexual, or any other relevant factors. (4 points)”

“In the selection examination for admission as a Prosecutor, the examination papers with answer keys were taken by Mr. X, the Head of Security Personnel, from one shopping mall. An incident occurred where Mr. X took Ms. G, the female student, to a working room in the shopping mall. Ms. G handed over cash amounting to 20,000 Thai Baht to the mall. If she did not compensate the mall in the aforementioned amount, Mr. X would hand her over to the police for prosecution. Ms. G then negotiated with Mr. X, reducing the compensation amount and informing her friend who had come along to deliver the cash, who was waiting with Mr. X. While waiting, he instructed Ms. G to drive out in a car. Mr. X, stating that if she did not go with him, he would file a complaint with the police against her. Mr. X took Ms. G to a hotel and told Mr. X to commit acts of sexual assault, intending to hand Ms. G over to the police. Ms. G stated that she consented to these acts. What offenses, if any, did Mr. X commit?”

“The fact that Mr. X instructed Ms. G to provide a sum of money exceeding the value of the property, citing the need to cover damages, unless he would report her to the authorities, constitutes a violation. Ms. G’s willingness to provide a benefit in the form of property, threatened with harm, constitutes a violation of Section 337 of the Criminal Code. (2 points) Furthermore, the fact that Mr. X took Ms. G to a car and transported her to commit sexual assault, if she did not consent, and would report her to the police and university, constitutes a violation of Section 284 of the Criminal Code for offenses against chastity, along with Section 310 of the Criminal Code for unlawful restraint of a person without freedom of movement, which is equivalent to a single offense under Section 310. (2 points) Additionally, the fact that Mr. X took Ms. G to a hotel and told Mr. X to commit sexual assault and hand Ms. G over to the police, constitutes a violation of Section 276 of the Criminal Code for unlawful sexual assault against a woman who is not his wife, without her consent.”

“The university had issued an order prohibiting students and committee members from taking examination papers out of the examination rooms and printing or disseminating them, as they are confidential in the public interest. On January 11, 2047, at 10:00 AM, Mr. Dam, a government official in position 3 and a university employee, ordered the sale of examination papers for the university’s examinations to Mr. Red, who operated a tutoring business. Mr. Dam and Mr. Red were subsequently apprehended by Mr. Green, a university security officer, with the purchased examination papers, valued at 15,000 Thai Baht. Mr. Dam and Mr. Red confessed to purchasing and distributing the papers. The university has the authority to instruct Mr. Green to investigate this matter. What offenses, if any, did Mr. Dam and Mr. Red commit?”

“Mr. Dam, as a government official and a member of the examination control committee, had a duty to safeguard and control the examination papers and supervise the examination process. He was obligated to prevent students from taking examination papers out of the examination rooms and to maintain the confidentiality of the examination materials, as stipulated by the university. The act of taking the examination papers from the examination room to sell to Mr. Red constitutes a violation of Section 158 of the Criminal Code. Furthermore, he knew a secret of the administration and acted in a manner contrary to his duties, having knowledge of the secret, as stipulated in Section 164 of the Criminal Code. (4 points) For the act of Mr. Red, who purchased the examination papers from Mr. Dam, there is no factual evidence that Mr. Red knew that Mr. Dam was acting in his official capacity. Therefore, Mr. Red did not know the facts constituting the offense under Section 59 (3) of the Criminal Code. This act constitutes a criminal offense. (3 points)”