Bangkok Legal Service

Article 5. Mr. K. is a civil servant of rank 5 with Mr. B., the spouse of Ms. C., who is the wife of Mr. N., a Director with authority to consider promotions and appointments for civil servants, including Mr. K., whereby Mr. K. requested Mr. B. to petition and seek support for Mr. K. to be promoted to rank 6. Mr. B. agreed, and 1,000,000 baht was given to Ms. C. as compensation. Mr. K. complied with what Mr. B. demanded. Mr. B. went to visit Ms. C. at her home, requesting Ms. C., but she refused to accept the money. Mr. B. placed the supporting funds mentioned above with Ms. C., who also supported Mr. K. with these funds. Regarding the money, Ms. C. and Mr. N. entrusted it to the police officers. Mr. N. traveled to retrieve the money, but it was lost, so he retained all the money for his personal use. Is the conduct of Mr. B., Ms. C., and Mr. N. a crime? Did Mr. B. solicit and receive 1,000,000 baht from Mr. K., giving it to Ms. C. as compensation for her request that Ms. C. petition for Mr. K. to be promoted to rank 6? This is not a violation of Section 143 of the Criminal Code, because Mr. K. is not a state official, a member of the National Legislative Assembly, or a member of a municipal council, which are state officials assisting Mr. N., and Ms. C. requested Mr. N., her husband, to influence state officials through her influence, acting during the night. It was observed that Mr. Red was wearing a ring. The debt was being paid in installments. Mr. Black wanted Mr. Red’s diamond ring. He ambushed and waited for Mr. Red in a secluded place along the route Mr. Red would travel back home. When he arrived at that place, Mr. Black presented himself as a criminal, threatening to stab Mr. Red to death if he did not give him the diamond ring. He then took Mr. Red’s ring. What offenses does Mr. Black commit? The conduct of Mr. Black is a crime under Section 337 of the Criminal Code, because Mr. Black coerced Mr. Red by threatening to harm him (stabbing him to death), even though the diamond ring was pawned with Mr. Black. Mr. Black forced Mr. Red to hand over the property to him, and Mr. Black obtained the diamond ring back without having to provide security and sold it at auction to obtain money for Mr. Red, since Mr. Black failed to pay the debt. The conduct of Mr. Black is a crime under Section 349 of the Criminal Code, because he deprived Mr. Red of property he had pawned with Mr. Black, causing him damage. This allows the seizure of the property for sale at auction to recover the unpaid debt. The conduct of Mr. Black is not a crime of robbery under Section 339 of the Criminal Code, because the property belonged to Mr. Black, lacking the elements of the crime. Since the conduct of Mr. Black is not a robbery crime, the robbery crime occurred (the conduct of the defendant is a single act constituting a violation of Section 91 of the Criminal Code).

Mr. Red presented Mr. White’s national identity card for alteration.