MARTIAL LAW,
B.E. 2457 (1914)
Preamble
Phrabat
Somdet Phra Paramintharamaha Vajiravudh Phra Mongkut Klao Chaoyuhua is
graciously pleased to proclaim that the powers of the military authorities
provided in the Martial Law which had been promulgated since the year B.E. 2450
(R.S. 126) (1907) are not consistent with the rules of war and not convenient
for the preservation of the external or internal security of the State, it is
now deemed expedient to amend the Martial Law so that it will be suitable to
the present time. It is hereby enacted that
the Martial Law, B.E. 2450 (R.S. 126) (1907) shall be repealed and replaced by the Martial Law as prescribed as
an Act as follows:
Name of the Act
Section 1. This Act is called the “Martial Law, B.E. 2457”.
Royal Proclamation
Section 2.[2] Whenever there is necessity to preserve good
order so as to be free from external or internal danger, a Royal Proclamation
may be issued enforcing all or certain sections of the Martial Law or part of
any section of it including the conditions under which such provision or
provisions shall apply to the whole or any part of the Kingdom; and after the
proclamation has been made at any time or in any area, all the provisions of
any act or law which are inconsistent with the provisions of the Martial Law
which is in force shall be suspended and replaced by the provisions of the
Martial Law which is in force.
Area under the Martial Law
Section 3. Where the whole of the Kingdom is not area
under the Martial Law, such proclamation shall specify specific Monthon,
Tambol or area under the Martial Law.
Power to Proclaim the Martial Law
Section 4. If there is war or insurrection in any area,
the commander of military forces at least one battalion, or of any military
fort, barracks or forfeited area, which has the power and duty to protect such
area, shall have the power to proclaim the Martial Law within his or her
responsible area. In this case, the
proclamation of the Martial Law shall be reported to the Government
immediately.
Proclamation of Repeal
Section
5. The repeal of the Martial Law in
any area shall be made by Royal Proclamation.
Military Power under the Martial Law
Section 6.[3] Within the area under the Martial Law, the
military authority shall have superior power over the civil authority in regard
to military operation, desistance or suppression, or keeping public order. The civil authority shall act in compliance
with the requirements of the military authority.
Section 7.[4] Within the area under the Martial Law, the Civilian
Court still have the power to conduct the trial and to adjudicate the case as
usual, except the case under the jurisdiction of the Martial Court. The Military Court may be empowered, by
notification of the person having the power to proclaim the Martial Law, to
conduct the trial and to adjudicate the criminal case committed within the area
and under the period of the Martial Law as prescribed in the Schedule attached
to this Act whether all or any clause thereof and/or any part of any clause
thereof. Such person shall also have the
power to amend or repeal such notification.
The notification
empowering the Military Court to conduct the trial and to adjudicate the criminal
case under paragraph one shall apply to the criminal case committed after the
date and time as prescribed therein which may be the date and time such
notification is made or thereafter. Such
notification shall be published in the Government Gazette.
In
addition to the aforesaid, a criminal case committed within the area under the
Martial Law which is related to national security or public order may be tried
and adjudicated by the Military Court upon the order of the Supreme Commander.
Section
7 bis.[5] The notification empowering the Military Court
to conduct the trial and to adjudicate the criminal case under section 7 may
mention that the Military Court in all or some localities shall have the same
or more or less power to conduct the trial and to adjudicate the criminal case
as prescribed in that section.
Section
7 ter.[6] Upon the repeal of the Martial Law, the
Military Court still have the power to conduct the trial and to adjudicate the
criminal case pending therein as well as criminal case which has not yet been
instituted during the period the Martial Law is in force.
Powers of the Military Authority
Section
8. Upon the proclamation of the
Martial Law in any Tambol, Muang or Monthon, the military
authority shall have full power of search, compulsory requisition, prohibition,
seizure, staying in, destruction or alteration of any place and turning out of
persons.
Search
Section
9.[7] The powers to make search are as follows:
(1)
to inspect or search things which may be under compulsory requisition or to be prohibited,
seized or stayed in, or things which the possession thereof is illegal,
including to search the body, vehicle, dwelling place, building or any place
and at any time;
(2)
to inspect message, letter, telegraph, package, parcel or other things
transmitting within the area under the Martial Law;
(3)
to inspect book, printed matter, newspaper, advertisement, verse or poem.
Compulsory Requisition
Section 10. The powers to make
compulsory requisitions are as follows:
(1)
to force labor for supporting military service in relation to Kingdom’s defense
or for supporting military service in all respects;
(2)
to require from any person or company any conveyance, beast of burden,
provisions, arm, instrument and tool for use in military service at that time.
Prohibition
Section
11.[8] The powers to make prohibitions are as
follows:
(1)
to prohibit any assembly or meeting;
(2)
to prohibit the issuance, disposal, distribution or dissemination of any book,
printed matter, newspaper, advertisement, verse or poem;
(3)
to prohibit any advertising, showing of entertainment or receiving or broadcasting
radio or television;
(4)
to prohibit transportation in any public path, whether such public path is on
land, in the water, in the air, including railway;
(5)
to prohibit the possession or use of communication devices or weapon, accessories
of weapon and chemical product or any other thing which may be harmful to any
person, animal, plant or property, or which may be composed to be chemical
product or other things of similar character;
(6)
to prohibit persons from staying outside their dwelling places during
determined period;
(7)
to prohibit persons from entering into, or living in, any locality which the
military authority is of opinion that it is necessary for military operation, desistance
or suppression, or keeping public order. After having the prohibition, all persons
shall leave from such locality within the period as prescribed therein;
(8)
to prohibit any person from conducting any act or having any prohibited undertaking
or thing as determined by the Minister of Defense during the period of the Martial
Law.
Seizure
Section
12. The military authority may, if
it deems appropriate, cause provisional seizure of all things as mentioned in
section 9, section 10 and section 11 so as to prevent the enemy from using them
or for the benefit of military service.
Staying In
Section
13. The military authority shall
have the power to stay in any place which it is of opinion that such place is useful
for military service.
Destruction or Alteration of Any Place
Section
14. The powers to destroy or alter
any place are as follows:
(1)
to burn any house or thing which may be useful to the enemy after the retreat
or which lies as obstacles to the fight if the battle or the fight is likely to
be defeated by the enemy;
(2)
to construct barracks or alter the nature of the country or village or Muang
for the purpose of the fight or preparation for the defense at the discretion
of the military authority.
Turning Out of Persons
Section
15. In case of doubt or necessity,
the military authority shall have power to turn out any person who has no fixed
place of domicile or who is temporarily residing in the area under the Martial
Law.
Section 15 bis.[9] If there is a reasonable ground to suspect
that any person is the enemy or violates the provisions of this Act or the
order of the military authority, the military authority shall have the power to
detain such person for inquiry or for other necessities of the military. Such detention shall no longer than seven
days.
Unable to Claim for Compensation or Indemnity
for any Damage
from the Military Authority
Section
16. No compensation or indemnity for
any damage which may result from the exercise of powers of the military
authority as prescribed in sections 8 to section 15 may be claimed from the military
authority by any person or company, because all powers are exercised by the military
authority in the execution of this Martial Law with a view to preserving, by
military force, the prosperity, freedom, peace and internal or external
security for the King, the Nation and the religion.
Delegation of Powers to the Minister in
Charge
Section
17. In time of peace, the Minister
who has charge and control of the military affairs shall have the power to
issue the Ministerial Regulation explaining the provisions of the law for the
convenience of its enforcement when the Martial Law will be proclaimed. In time of war or rebellion, the Commander-in-chief
or Vice-Commander-in-chief of the army shall have the power to issue rule
containing supplementary provisions for the purpose of the Martial Law. Such Ministerial Regulation or rule of the
Commander-in-chief or Vice-Commander-in-chief of the army shall be part of this
Act upon their official publication.
Given
on the 27th Day of August B.E. 2457 (1914), being the 1,386 Days of
the Present Reign.
SCHEDULE
A. The criminal cases related to certain persons as follows:
1. the case where a policeman
committed Offenses during the performance of duties in the field;
2. the case where an alleged
offender is a civilian attached to the military service, irrespective of
whether such offense related to official duties and whether such offense
committed anywhere within the area under the Martial Law;
3. the case where any person
is alleged to commit an offense with another person who is subjected to the
jurisdiction of the Military Court or with person under 1 or 2, irrespective of
whether such person being principal or supporter;
4. the case where any person
who is subjected to the jurisdiction of the Military Court is alleged to commit
an offense with another person who is not subjected to the jurisdiction of the
Military Court, irrespective of whether such person being principal or
supporter.
B. The criminal cases related to specific offenses as follows:
1. offenses under the Military Penal Code;
2. the case with an accusation
that there is an offense against property of the Royal Thai Army or that of the
ally army of Thailand or an offense against life and body of a member of the
Royal Thai Army or that of the ally army of Thailand, during or on account of
the performance of duties;
3. offenses under the Penal
Code as follows;
(1) offenses against the King, the Queen, the Heir Apparent and the Regent,
from section 107 to section 112;
(2) offenses against internal security of the Kingdom, from section
113 to section 118;
(3) offenses against external security of the Kingdom, from section
119 to section 129;
(4) offenses against the foreign relations, from section 130 to section
135;
(5) offenses against officials, section 137; particularly to offenses
related to military service, section 136, section 138 to section 142, section 145
and section 146;
(6) malfeasance in office, from section 147 to section 154, section
158 to section 165;
(7) offenses against judicial officials, section 172; particularly to
offenses related to military service, section 170, section 171, section 175 to section
185, section 189, section 193, section 197 and section 198 where such Court is
the Military Court;
(8) malfeasance in judicial office, section 201 and section 202;
(9) offenses relating to public peace, from section 209 to section
216;
(10) offenses relating to public security, from section 217 to section
224, section 226, section 228 to section 232, section 234, section 235, section
237 and section 238;
(11) offenses relating to seals, stamps and tickets, from section 250
to section 253, particularly to offenses related to military service;
(12) offenses relating to documents, from section 265 to section 268, particularly
to offenses related to military service;
(13) offenses against property, section 336, section 339 and section
340
4. offenses under the law on military
requisition;
5. offenses under the law on military
safety zone;
6. offenses under the law on military
uniform;
7. offenses under the Military
Service Act, B.E. 2497 (1954), from sections 45 to section 49;
8. offenses under the law on opium;
9. offenses under the law on narcotic.
10. offenses under the law on prevention
of communist.
[1]© 2014 Pakorn Nilprapunt,
Full-time Law Councilor, Office of the Council of State
(pakorn.nilprapunt@gmail.com)
[2]As amended by the Emergency Decree Amending
the Martial Law B.E. 2457, B.E. 2485 (1942)
[3]As amended by the Announcement of the
Revolutionary Council No. 303 dated 13th December B.E. 2515 (1972)
[4]As amended by the Announcement of the
Revolutionary Council No. 303 dated 13th December B.E. 2515 (1972)
[5]As added by the Martial Law (No. 3), B.E.
2487 (1944)
[6]As added by the Martial Law (No. 3), B.E.
2487 (1944)
[7]As amended by the Announcement of the
Revolutionary Council No. 303 dated 13th December B.E. 2515 (1972)
[8]As amended by the Announcement of the
Revolutionary Council No. 303 dated 13th December B.E. 2515 (1972)
[9]As amended by the Announcement of the
Revolutionary Council No. 303 dated 13th December B.E. 2515 (1972)
[10]As amended by the Martial Law
(No.5), B.E. 2502 (1959)
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