D
Dave The Dude
Guest
Criminal law in thailand Part 37: Buying fake IDs in Thailand
Spectrum has reported on how covered the fact that it's
possible to buy fake identification documents in Thailand without much
difficulty. Many readers have asked us about the legalities of doing so.
Somehow, legitimate identification papers, such as passports, driving
licences and national ID cards from countries outside Thailand find their way
into this country. Some are stolen, others lost or simply outdated.
Sellers of these documents in Thailand offer to alter them by, for example,
changing the names and photos, so that a buyer can purchase an ID bearing his or
her name and photo.
The sellers claim that while such alterations may be a crime in the country
from which the ID came, they do not violate Thai law.
They are incorrect, and probably know that when they tell potential buyers
this.
Title VII of the Thai Criminal Code, which relates to the counterfeiting and
alteration of documents, contains specific provisions against forgeries like
this.
First, the Code defines documents to include all identification cards and
instruments, such as passports and identity cards of Thailand or other
nations.
Also, the definition of counterfeiting or forgery is set forth in Section 264
of Title VII as follows:
- Fabricating a false document or part of a document
- Adding, taking from, or otherwise altering a genuine document.
- Putting a false seal or signature on a document, in order to make any
person believe the document is genuine and in a manner likely to cause injury to
another person or the public.
The above description would include inserting your photo or name or signature
into an otherwise genuine document.
dhFinally, since the use of fake documents is likely to cause injury to other
persons or the public, phoney ID cards and passports would be considered forged
documents under Thai law.
The penalty for violating Section 264 of the Code is imprisonment not
exceeding three years, receiving a fine not exceeding 6,000 baht, or both.
Under Section 84 of the Code, anyone ordering a false document is also
exposed to the penalties for Section 264 because buying such a document may make
the buyer an instigator. Under Thai law, an instigator is exposed to the same
penalty as the person actually falsifying the document.
Here's an example of how a buyer would be considered an instigator. Mr X is
walking down Khao San Road and comes to a stall where Mr Y is selling fake
national IDs from another country. Mr X gives Mr Y a passport photo and orders a
fake ID. The next day Mr Y makes it and delivers it to Mr X. Because Mr X has
ordered the fake ID from Mr Y, he is likely to be considered an instigator and
would be subject to the penalties of Section 264.
There are particular penalties in connection with fake passports. Section
269/9 of the Code provides that anyone who owns and intends to use a fake
passport is subject to a fine and up to 10 years' imprisonment.
Let's look at an example. Ms A, a foreigner, is arrested for stealing in
Pattaya. The
dharresting officer takes her to a police station and inventories her
belongings. she has in her possession.
Among them are passports from two different countries. The embassies of the
two countries are contacted by the police and it turns out that one of the
passports is a fake. If Ms A admits she was going to use the fake passport to
travel to other countries, she would be subject to the penalties of Section
269/9.
You should also keep in mind that Thailand is a party to treaties against
international terrorism.
Since use of false identification documents is the primary method terrorists
use to move between countries, some of these treaties contain provisions about
fake identification.
If you are arrested in Thailand for buying altered identification documents
from other countries, you may be exposed to the laws of the other countries in
connection with the alteration of their official documents, as well.
The quality of some of the forged identification documents coming from
Thailand is undoubtedly low. For example, the holograms on some forged documents
pro duced in Thailand are obviously not genuine. Because of this, some have
conjectured that the low quality of some of the fake IDs produced here would
prevent their purchase from being considered illegal. After all, they are
obvious fakes, right?
However, that is not the case. If the Thai authorities believe the intent was
to make any person believe that the document was genuine, there is a crime,
whether the quality of the forgery was good or not.
Spectrum has reported on how covered the fact that it's
possible to buy fake identification documents in Thailand without much
difficulty. Many readers have asked us about the legalities of doing so.
Somehow, legitimate identification papers, such as passports, driving
licences and national ID cards from countries outside Thailand find their way
into this country. Some are stolen, others lost or simply outdated.
Sellers of these documents in Thailand offer to alter them by, for example,
changing the names and photos, so that a buyer can purchase an ID bearing his or
her name and photo.
The sellers claim that while such alterations may be a crime in the country
from which the ID came, they do not violate Thai law.
They are incorrect, and probably know that when they tell potential buyers
this.
Title VII of the Thai Criminal Code, which relates to the counterfeiting and
alteration of documents, contains specific provisions against forgeries like
this.
First, the Code defines documents to include all identification cards and
instruments, such as passports and identity cards of Thailand or other
nations.
Also, the definition of counterfeiting or forgery is set forth in Section 264
of Title VII as follows:
- Fabricating a false document or part of a document
- Adding, taking from, or otherwise altering a genuine document.
- Putting a false seal or signature on a document, in order to make any
person believe the document is genuine and in a manner likely to cause injury to
another person or the public.
The above description would include inserting your photo or name or signature
into an otherwise genuine document.
dhFinally, since the use of fake documents is likely to cause injury to other
persons or the public, phoney ID cards and passports would be considered forged
documents under Thai law.
The penalty for violating Section 264 of the Code is imprisonment not
exceeding three years, receiving a fine not exceeding 6,000 baht, or both.
Under Section 84 of the Code, anyone ordering a false document is also
exposed to the penalties for Section 264 because buying such a document may make
the buyer an instigator. Under Thai law, an instigator is exposed to the same
penalty as the person actually falsifying the document.
Here's an example of how a buyer would be considered an instigator. Mr X is
walking down Khao San Road and comes to a stall where Mr Y is selling fake
national IDs from another country. Mr X gives Mr Y a passport photo and orders a
fake ID. The next day Mr Y makes it and delivers it to Mr X. Because Mr X has
ordered the fake ID from Mr Y, he is likely to be considered an instigator and
would be subject to the penalties of Section 264.
There are particular penalties in connection with fake passports. Section
269/9 of the Code provides that anyone who owns and intends to use a fake
passport is subject to a fine and up to 10 years' imprisonment.
Let's look at an example. Ms A, a foreigner, is arrested for stealing in
Pattaya. The
dharresting officer takes her to a police station and inventories her
belongings. she has in her possession.
Among them are passports from two different countries. The embassies of the
two countries are contacted by the police and it turns out that one of the
passports is a fake. If Ms A admits she was going to use the fake passport to
travel to other countries, she would be subject to the penalties of Section
269/9.
You should also keep in mind that Thailand is a party to treaties against
international terrorism.
Since use of false identification documents is the primary method terrorists
use to move between countries, some of these treaties contain provisions about
fake identification.
If you are arrested in Thailand for buying altered identification documents
from other countries, you may be exposed to the laws of the other countries in
connection with the alteration of their official documents, as well.
The quality of some of the forged identification documents coming from
Thailand is undoubtedly low. For example, the holograms on some forged documents
pro duced in Thailand are obviously not genuine. Because of this, some have
conjectured that the low quality of some of the fake IDs produced here would
prevent their purchase from being considered illegal. After all, they are
obvious fakes, right?
However, that is not the case. If the Thai authorities believe the intent was
to make any person believe that the document was genuine, there is a crime,
whether the quality of the forgery was good or not.