D
Dave The Dude
Guest
- Published: 24/10/2010 at 12:00 AM
- Newspaper section: Spectrum
What we will discuss below are considered petty offences, in other words the penalties do not exceed imprisonment of one month and/or a fine of 1,000 baht. People, including foreigners, do get arrested for these crimes, however. Thus, as with other issues of manners and culture, it's important to be aware of them.
The first crime is that of fighting. Section 372 of the Criminal Code provides that anyone fighting or otherwise causing a disturbance in a public way or place shall be exposed to a fine of up to five hundred baht.
Let's look at how this could happen. You're sitting in one of those outdoor bars in the night market in your town. At night, there are stalls and places selling food and drink on both sides of a narrow street with lots of people passing by.
Down the street you see one of the players in your darts league. Last week you and he got into an argument over the fact that he routinely flirts with your girlfriend while you are trying to concentrate on the game. It didn't come to blows, but it was pretty heated.
You want to give him a lesson. He doesn't notice you, and the second he walks past, you stand up, step into the street and give him a good shove. He knocks into a couple of passers-by and wheels around, seeing you. Then he lunges across the street at you. The two of you end up wrestling around in the street, stopping pedestrian traffic and knocking down a couple of tables. Eventually a couple of big guys emerge from the crowd and separate you. A policeman appears.
You can be taken to the police station and charged with fighting in a public way.
Let's change the example a little, to illustrate the second petty crime. After you shoved your neighbour but before he lunged, you pulled out your pocket knife, opened it and waved it at him, just to keep him away. A policeman intervened at this moment. The crime is a violation of Section 379 of the Criminal Code, which exposes those who draw or brandish arms in the course of a fight to imprisonment not exceeding 10 days. By the way, in earlier columns we discussed the fact that arms are anything that may be used as a weapon, and don't have to be items exclusively used as weapons, such as guns.
A related offence, under Section 371 of the Criminal Code, is carrying arms in public or to a public gathering, which may result in a small fine and loss of the weapon.
Public intoxication is another petty offence of which you should be aware. This time, in a new example, you stop at Soi Cowboy for a drink after a hard day of work. You run into some friends. Everyone's bar hopping, and, before you know it, your watch says it's almost midnight. You realise it's time to call it a day. At this point you're sitting, alone, in an outdoor cafe. You stand up and walk into the street.
At the last second, you realise that you've had too much to drink, and lose consciousness. A crowd gathers and a policeman finds you, passed out, in the street. Even though you've not done anything to anybody but yourself, the policeman can arrest you and charge you with public intoxication under Section 378 of the Criminal Code. This prohibits riotous behaviour or being unable to control oneself in a public place as a result of alcohol or drugs. The fine is up to 500 baht.
We are often asked about whether conviction of a crime will affect one's ability to stay in Thailand. Section 12 (6) of the Immigration Act BE 2522 states that foreigners who have been imprisoned as a result of a conviction either in Thailand or abroad will be prohibited from entering Thailand. Section 36 of the Immigration Act, moreover, provides that where there is reasonable circumstance the Director-General of Immigration or the Immigration Commission may revoke a foreigner's visa. The crimes discussed above are petty crimes and will not give rise to loss of a visa or being barred from entry to Thailand. More serious crimes may do so, however, and we will discuss this at a later time.