EMERGENCY DECREE
AMENDING THE ANTI-HUMAN
TRAFFICKING ACT, B.E. 2551 (2008),
B.E. 2562 (2019)
_________________
His Majesty King
Maha Vajiralongkorn
Bodindradebayavarangkun;
Given on the 6th Day of April
B.E. 2562;
Being the 4th Year of the
Present Reign.
His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously
pleased to proclaim that:
Whereas it is expedient
to amend the law on anti-human trafficking;
Be it, therefore, by
virtue of section 172 of the Constitution of the Kingdom of Thailand, enacted
by the King as follows:
Section 1. This
Emergency Decree is called the “Emergency Decree Amending the Anti-Human
Trafficking Act, B.E. 2551, B.E. 2562 (2019)”.
Section
2. This Emergency Decree shall come
into force as from the day following the date of its publication in the
Government Gazette.
Section
3. The provisions of section 5 of the Anti-Human Trafficking Act, B.E. 2551
shall be repealed and replaced by the followings:
“Section 5. The President of the Supreme
Court, the Minister of Social Development and Human Security and the Minister
of Labour shall have charge and control of the execution of this Act, in
relation to their respective powers and duties.
The
President of the Supreme Court shall have the power to issue the Regulations, the
Minister of Social Development and Human Security and the Minister of Labour shall
have the power to appoint competent officials and issue the Ministerial
Regulations and the Rules for the execution of this Act.
The
Regulations of the President of the Supreme Court, the Ministerial Regulations
and Rules shall come into force upon their publication in the Government
Gazette”.
Section 4. The
provisions of section 6 of the Anti-Human
Trafficking Act, B.E. 2551 as amended by the Anti-Human Trafficking Act (No. 3),
B.E. 2560 shall be repealed and replaced by the followings:
“Section 6. Any
person who, for the purpose of exploitation, commits any of the following acts:
(1) procuring, buying, selling, vending, bringing from or sending to, detaining
or confining, harbouring, or receipt of any person, by means of threat or use
of force, abduction, fraud, deception, abuse of power, or giving money or
benefits to a guardian or caretaker of the person to achieve the consent of the
guardian or caretaker of such person to allow the offender to exploit the
person under his or her control; or
(2) procuring, buying, selling, vending,
bringing from or sending to, detaining or confining, harbouring, or receipt of
a child;
If such act aims for exploitation of persons, such
person commits an offence of human trafficking.
The exploitation under paragraph
one means the exploitation of prostitution, the production or distribution of
pornographic materials, the exploitation of other forms of sexual acts, slavery
or practices similar to slavery, exploitation of begging , removal of organs
for commercial purposes, forced labour or services under section 6/1, or any
other similar forcible extortion regardless of such person’s consent”.
Section 5. The followings shall be added as
section 6/1 and section 6/2 of the Anti-Human
Trafficking Act, B.E. 2551:
“Section 6/1. Any person who compels another person to
work or to provide services by one of the following means:
(1) threatening to cause injury to
life, body, liberty, reputation or property of the person threatened or any
other person;
(2)
intimidating;
(3)
using
force
(4)
confiscating
identification documents;
(5) using debt burden incurred by
such person or any other person as the unlawful obligation;
(6) using any other means similar to
the above acts if the act is committed to make another person to be in the
situation where he or she cannot resist not to act accordingly, such person
commits the offence of forced labour or services.
Section 6/2. The provisions
of section 6/1 shall not apply to:
(1) work
or services under the law on military service for the work under the official
duties;
(2) work
or services which is a part of the normal civic obligations or state government
under the Constitution or under the law;
(3) work
or services as a result of the Court judgment or work or services performed
during the period of sentencing under the Court judgment;
(4) work
or services for the purpose of disaster prevention or in the case of emergency
situation or war or battle”.
Section 6. The
provisions of section 14 of the Anti-Human
Trafficking Act, B.E. 2551 shall be repealed and replaced by the followings:
“Section 14. The
offence under section 6/1 which results in a person being seriously injured or
death is a predicate offence under the law on anti-money laundering”.
Section 7. The followings shall be added as section 14/1 of
Chapter I General Provisions of the Anti-Human Trafficking Act, B.E. 2551:
“Section 14/1.
For the purpose of suppressing and preventing human trafficking, forced labour
or services and protection of victims, the word “human trafficking” in Chapter
III and Chapter IV shall include “forced labour or services”.
The law on
procedures for human trafficking cases shall apply to the procedures for forced
labour or services cases mutatis mutandis.”
Section 8. The followings shall be added as section 52/1 of the
Anti-Human Trafficking Act, B.E. 2551:
“Section 52/1.
Any person commits an offence under section 6/1 shall be be liable to imprisonment for a
term of six months to four years or to a fine of fifty thousand to four hundred
thousand Baht per one injured person or to both.
If
the offence committed under paragraph one results in the victim being seriously
injured or having a fatal disease, such person shall be liable to imprisonment
for a term of eight years to twenty years and a fine of eight hundred thousand
Bath to two million Baht or to life imprisonment.
If
the offence committed under paragraph one results in the victim’s death, such
person shall be liable to life imprisonment or death penalty.
If
the offence committed under paragraph one, two and three is the case where an
ascendant forcing a descendant to work or provide services due to poverty or
upon considering the offence or other ruthful circumstances, the Court may
impose, against a defendant, a lesser sentence as provided by the law or may
rule not to impose sentences on the defendant”.
Section
9. The
provisions of section 53 of the Anti-Human
Trafficking Act, B.E. 2551 as amended by the Anti-Human Trafficking Act (No. 3),
B.E. 2560 shall be repealed and replaced by the followings:
“in the case where an offender under paragraph one or
under section 6/1 is a juristic person, if the commission of such offence comes
from the order or act of a member of the Board, manager or any person who is
responsible for the execution of such juristic person, or in the case where
such person has the duties to order or act and fails to order or act resulting
in the commission of the offence of such juristic person, such person shall
also be liable to the sentences as provided for such offence”.
Countersigned by
General Prayut Chan-O-Cha
Prime Minister
(c) Ms. Natthanicha Lephilibert, Safe and Fair National Project Coordination for Thailand, ILO, United Nations
DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION AND CONTAINS NO LEGAL AUTHORITY. NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT SHALL BE ASSUMED. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.
(c) Ms. Natthanicha Lephilibert, Safe and Fair National Project Coordination for Thailand, ILO, United Nations
DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION AND CONTAINS NO LEGAL AUTHORITY. NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT SHALL BE ASSUMED. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.
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