Supreme Court Upholds 2-Year Sentence under Article 112
Thailand Supreme Court upholds a 2-year prison sentence under Article 112, ruling the law protects past monarchs to safeguard national security.
Stock photo for illustration only, not from the actual event
- The Supreme Court upheld a 2-year prison sentence in an Article 112 lese-majeste case.
- The ruling clarifies that the law extends protection to past monarchs.
- The court stated the 2-year term is the absolute minimum penalty with no suspension.
The Supreme Court of Thailand has delivered a firm ruling upholding a prison sentence under Section 112 of the Criminal Code. The court's judgment emphasizes that the provision aligns with Section 6 of the Constitution, necessitating interpretations focused on safeguarding royal honor due to its direct impact on national security.
According to the court's reasoning, Section 112 does not explicitly restrict its application solely to reigning monarchs. Restricting the interpretation otherwise could risk generating violations that ultimately destabilize the state, national security, and public faith.
Stock photo for illustration only, not from the actual event
The judicial panel further noted that even if a monarch has passed away, transgressions against them still resonate with the reigning monarch who inherited the throne through bloodlines, thereby affecting the continuity and public reverence associated with the institution.
Regarding the severity of the penalty, the court evaluated that the initial 2-year imprisonment handed down by the lower court represents the lowest possible statutory penalty, meaning no further reduction is legally permissible.
This legal interpretation highlights the judiciary's strict stance on extending lese-majeste protections to encompass historical monarchs as an extension of state security and constitutional continuity, setting a significant precedent in Thai jurisprudence.
Given that the defendant's actions were deemed severe and damaging to royal dignity and public faith, the court ruled out any suspension of the sentence. Consequently, the defendant was transferred to the Central Women's Correctional Institution, marking the 50th political prisoner recorded under such circumstances.
Source: Matichon Politics
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