Intentional Homicide Through Poisonous Substance Administration
Article 4. Mr. Bang, of Chinese nationality, had a commercial dispute with Mr. Abu, of Malaysia. Mr. Bang intended to murder Mr. Abu by planning for Mr. Abu to die, the flight returning to Malaysia traveled to meet Mr. Abu at Room [ROOM NUMBER] at Chiang Rai Airport, Republic of China. Mr. Abu consumed the snack brought by Mr. Bang, which Mr. Bang had mixed with poison, which had an effect and caused Mr. Abu to die during the time he was on Thai Airways flight. As reported by Mr. Pangsawan, the two recounted, Mr. Abu boarded Thai Airways flight to departure 27.
During the flight of Thai Airways through the Gulf of Laos near Vietnam, Mr. Abu died due to the effect of the poison that was consumed by Mr. Bang.
It is ordered to determine whether if Mr. Bang enters Thailand, the Thai court will indict Mr. Abu for murder, and the reasons why.
Answer: The act of Mr. Bang giving Mr. Abu the snack mixed with poison in the passenger lounge of Chiang Rai Airport, Republic of China, and on Thai Airways flight while flying through the Gulf of Laos constitutes a crime under Thai law, according to Section 4, Paragraph 1 of the Penal Code. Furthermore, the fact that Mr. Abu died due to the poison administered by Mr. Bang was merely the consequence of the crime committed by Mr. Bang. Mr. Bang did not commit the act on a Thai aircraft, therefore it is not considered that Mr. Bang committed the crime under Section 4, Paragraph 2 of the Penal Code. Considering that the Thai aircraft is not a sovereign state in itself, the act within the Thai aircraft, wherever it may be, is considered equivalent to having occurred within the Kingdom of Thailand. Even though Mr. Bang committed the act on the Thai Airways flight and Mr. Abu died, the act has occurred on the Thai Airways flight, the case is not considered a crime under Section 4 of the Penal Code. Regarding the fact that Mr. Abu died on the Thai Airways flight while flying through the Gulf of Laos, which is outside the Kingdom of Thailand, the crime committed by Mr. Bang is not a crime under Section 7, Paragraph (2) of the Penal Code. Furthermore, the act committed by Mr. Bang outside the Kingdom, by a foreigner, but not a Thai citizen as a victim, Mr. Bang is a citizen of the Kingdom of Thailand under Section 4 of the Penal Code. Therefore, if Mr. Bang enters Thailand, the Thai court will indict Mr. Bang and Mr. Abu will not be prosecuted.