On October 27, 2022 far forward party Publish the information and explain the reasons for the revision policy.Criminal Code, Section 112 that the policy to amend the criminal codeSection 112 or the law on defamation of the King It is one of the many policies of the party moving forward in the series. “Advancement in Thai politics” that has led to controversies in various societies.
The Progressive Party insists that the Progressive Party’s 112 amendment proposal. It does not deprive our country of legal protection of the head of state or the monarch. It is simply a proposal to make the law protecting our head of state better to develop and maintain relations between the people and the monarchy. under a democratic regime with the King as Head of State
The Progressive Party sees that Article 112 of the law has 3 important points that may cause problems. Therefore, it is necessary to amend these 3 parts to make the law protect the head of our country. in line with the principles of democracy and universal human rights and more effective in maintaining the stability and dignity of the monarchy.
- reducing the severity of the penalty
The Party’s 112 amendment goes a long way. It will not legalize defamation of the King. but will bring punishment for such offenses are appropriate and proportionate.
Currently, Section 112 imposes a sentence of defamation of the King at 3-15 years imprisonment, which is as severe as unintentional manslaughter. and higher than the penalty for defamation of the King in other countries under a democratic regime with the King as Head of State
Therefore, the Kao Klai Party proposes to reduce the punishment for defamation of the King from 3-15 years in prison to a sentence of up to one year in prison or a fine of not more than 300,000 baht, which is still a higher sentence than a defamation sentence. The party’s progress will be reduced from a sentence of 0-2 years in prison to just a fine.
- Clearly define the plaintiff
Currently, Section 112 is a law where anyone can file complaints once morest others. which may have adverse effects on the monarchy
Some people may decide to sue others for Article 112, whether with the intent to protect the Institute. or with the desire to bully political opponents But when the defendant is prosecuted or convicted The feeling of dissatisfaction may automatically fall to the Institute. Even sometimes the institute may not be aware of such cases
Therefore, the Progressive Party proposed that the Bureau of the Royal Household have the sole right to file a complaint or complaint. This will protect the institution. from being used as a political tool by ill-wishers
- scoping of enforcement
no one would deny that the honest opinion with that defamation It’s a different matter. It is true that the statute in Section 112 only mentions the offense of “defamation, defamation and malice”.
but in practice in the past We have always seen ambiguity and uncertainty in enforcement. including prosecution or imprisonment with some cases that are unlikely to be an act that exceeds the expression of a good faith opinion or constitutes defamation
Therefore, the Progressive Party proposed a clear provision in the law. To protect the case of expressing an honest opinion or speaking the truth that is beneficial to the public which is the same standard with the exception of fault and impunity for defamation of natural persons at present
Out of all 3 issues mentioned above It can be seen that the Progressive Party’s proposal to amend Section 112 does not legalize defamation of the King. This does not deprive us of the law to protect the monarch as head of state. and does not make the country anything apart from the democratic system with the monarch as head of state
But the party’s proposed amendment to Article 112 has come a long way. is to reduce the punishment to be appropriate and proportional Clearly designate the plaintiffs to protect the reputation of the monarchy and protect freedom of expression. that does not qualify for defamation
The Progressive Party believes that monarchy with democracy able to coexist gracefully But making these two pillars stable and strong It must be done with cause and effect, sincerity and widespread participation of the people.
The amendment to Section 112 is one of several policies in the series. “Progressive Thai politics” that the Progressive Party wants to present to the people And besides this set of policies, we still have 8 more policy sets, totaling 9 sets of policies that we will gradually open to the public.
The next set of policies that we will open on Saturday 5 November is the “Advance Thai Welfare” series to project images for the public to see. Comprehensive welfare system that the progressive party wants to create To guarantee stability in life with all Thai people throughout their lives.