Bangkok Legal Service

Article 5. On one occasion, Mr. Dam, Mr. Daeng, Mr. Kiao, and Mr. Lue consulted and agreed to enter Mr. Dee’s orchard to steal mangoes. Upon arriving at Mr. Dee’s orchard while Mr. Dam and Mr. Daeng were present, fear caused them to change their minds and return home. Mr. Kiao, Mr. Lue, and Mr. Yellow proceeded to Mr. Dee’s orchard to search for mangoes, where they discovered that the mangoes were large and abundant. Mr. Yellow volunteered to take the mangoes back, bringing a sack to place them in. During this time, Mr. Kao secretly cut down trees and used a mattock that he found in the orchard to sever the mango stems, causing many mangoes to fall. The dogs were affected, and Mr. Kao, fearing the dogs, fled back home. Along the way, he told them not to return to collect the fallen mangoes, but Mr. Kiao and Mr. Lue refused and collected the mangoes that Mr. Kao had fallen, placing them in a sack. While Mr. Kiao and Mr. Lue were assisting in filling the sack, the police arrived and arrested Mr. Kiao and Mr. Lue as follows:

Regarding the actions of Mr. Dam, Mr. Daeng, Mr. Kiao, and Mr. Lue, what offenses did they commit?

The agreement by Mr. Dam, Mr. Daeng, Mr. Kiao, and Mr. Lue to steal Mr. Dee’s mangoes constituted a conspiracy to commit theft, which carries a maximum sentence of one year or more. This constitutes an offense under the Criminal Code, Section 21d.

The fact that Mr. Dam and Mr. Daeng felt fear upon seeing the police caused them to change their minds and reach Mr. Dee’s orchard did not constitute a crime of theft at night under the Criminal Code, Section 335 (.197).

Mr. Kao climbed up to use a mattock to cut down mango trees, causing the mangoes to fall. Although this constituted an act, as long as Mr. Kao had not yet taken possession of the mangoes, it was not a crime of theft at night under the Criminal Code, Section 335 (1) (7), 80.

Mr. Kiao and Mr. Lue went together to collect the mangoes that Mr. Kao had fallen and placed them in a sack, which is considered to have moved them from their original location. The actions of Mr. Kiao and Mr. Lue are a crime at night under the Criminal Code, Section 335 (1).

As for Mr. Kiao and Mr. Lue collecting the mangoes that Mr. Kao had fallen and placing them in a sack, Mr. Kao had no knowledge or involvement in this, which constitutes a crime of attempted joint theft at night under the Criminal Code, Section 335 (1) (7), 80.

Mr. Kiao and Mr. Lue went to collect the mangoes that Mr. Kao had fallen into a sack and bound the sack, which is considered to have moved them from their original location. The actions of Mr. Kiao and Mr. Lue are a crime at night under the Criminal Code, Section 335 (1).

However, Mr. Dam and Mr. Daeng convened and consulted to go to steal, did not object to the agreement to commit the offense, when the agreement to commit joint theft at night under the Criminal Code, Section 335 (1) (7), 83, was made. They were imprisoned under the Criminal Code, Section 213.

They are husband and wife by legal marriage during the period of marriage.