FOCUS / #FAIRTRIAL4CLARE–WHAT REWCASTLE BROWN MAY FACE IN COURT

Here, the NINE QUESTIONS Panel will list the possible breaches of laws that allegedly have been committed by this suspected conspiracy ring.
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A.

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REPERCUSSIONS FROM THE JUSTO CASE
REPORTED BY BERNAMA

KUALA LUMPUR (BERNAMA), September 7, 2015–

The three-year jail sentence against Xavier Andre Justo, a heavily tattooed Swiss IT expert, for corporate blackmail by a Thailand criminal court could spark criminal probes and lawsuits in Malaysia, Singapore and the United Kingdom. 

Justo pleaded guilty to the theft of huge amounts of corporate data from his former employer PetroSaudi International, information that became the source of an international media campaign against the Malaysian government over allegations of financial wrongdoings at 1Malaysia Development Berhad, a state-owned investment fund. 

Lawyers and police sources in Bangkok and Kuala Lumpur contend that the admission of guilt by the former PetroSaudi employee could expose those involved to numerous potential offences, including bribery, fraud, cyber security and computer crimes and money laundering. 

The principal players so far identified in the Justo saga are Clare Rewcastle-Brown, founder of the London-based website Sarawak Report, and Tong Kooi Ong, the owner of Malaysia's The Edge Media Group. 

However, investigations by the Thai police revealed that several other influential political and business figures played key roles in the campaign to undermine the Malaysian government led by Datuk Seri Najib Tun Razak. 

Police sources and lawyers also said that Justo's confessions to the Thai police and evidence seized from his home in Thailand's Koh Samui resort town could prove crucial in the ongoing investigations in Malaysia and trigger other actions in Singapore and the United Kingdom. 

The Malaysian government has suspended publication of The Edge and blocked access to Sarawak Report.

Police are also investigating Brown, Tong and the CEO of The Edge, Ho Kay Tat, over allegations that the three personalities are part of a conspiracy to subvert democracy in Malaysia.

Lawyers and police sources said that Brown and Tong might have breached the Bribery Act in the UK as they are alleged to have conspired to bribe and induce Justo to sell stolen corporate data. They may have also breached the UK's Fraud Act by allegedly knowingly acquiring stolen corporate data.

Lawyers and police sources said Tong, Ho and Brown may have also broken laws under Singapore's Computer Misuse and Cybersecurity Act and the island state's penal code for allegedly dealing in stolen property and for allegedly aiding and abetting a conspiracy.

Their actions may have also allegedly breached the Computer Crimes Act in Malaysia, while in Thailand, Brown, Tong and Ho could be charged with allegedly dealing with stolen property, lawyers and police sources said. 

('Repercussions from the Justo case.' - BERNAMA, September 7, 2015)

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B.
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The fact that there exists a conspiracy to commit offences, should – as far as the Panel can reckon – be sufficient to bring the alleged perpetrators to Justice, as their deeds do not necessarily have to fulfil a 'conspiracy to topple a government' per se, but simply needed to conspire in order to 'commit an offence', whether within the United Kingdom, or outside it.
The reason we are sure about this is because of the existence of the 1998 amendment to the UK Criminal Law Act 1977, which isn't named in the above article. This will be listed below, after the other laws named above have been listed, with their own expansions.

Please bear with the NINE QUESTIONS Panel as we explore a very important aspect of this tremendously intriguing case.

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B1.
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RELATED: MALAYSIA PENAL CODE

LAWS OF MALAYSIA

ACT 574

CHAPTER V

ABETMENT

Abetment of a thing

107. A person abets the doing of a thing who—

(a) instigates any person to do that thing;
(aa) commands any person to do that thing; 

(b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or 

(c) intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. 

Explanation 2—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 

Explanation 3—Whoever masterminds the doing of an act is said to command the doing of that act.

108. A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 1—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act. 

Explanation 2—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. 

Explanation 3—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. 

Explanation 4—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Abetment in Malaysia of offences outside Malaysia

108A. A person abets an offence within the meaning of this Code who, in Malaysia, abets the commission of any act without and beyond Malaysia which would constitute an offence if committed in Malaysia.

Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

109. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

Explanation—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

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CHAPTER VA

CRIMINAL CONSPIRACY

Definition of criminal conspiracy

120A. When two or more persons agree to do, or cause to be done—

(a) an illegal act; or 

(b) an act, which is not illegal, by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation 1—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. 

Explanation 2—Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit the offence unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.

Punishment of criminal conspiracy

120B. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for a term of two years or upwards shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Subject to subsection (3), whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment for a term not exceeding six months or with fine or with both.

(3) If the offence, the commission of which is the object of the conspiracy, is a minor offence under the Minor Offences Act 1955 [Act 336] the punishment for such conspiracy shall not exceed the maximum punishment provided for such minor offence.

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CHAPTER VI

OFFENCES AGAINST THE STATE

Activity detrimental to parliamentary democracy

124B. Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years.


Attempt to commit activity detrimental to parliamentary Democracy

124C. Whoever attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years.


Printing, sale, etc., of documents and publication detrimental to parliamentary democracy

124D. Whoever, by any means, directly or indirectly, prints, publicises, sells, issues, circulates or reproduces any document or publication detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to fifteen years:

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication.


Possession of documents and publication detrimental to parliamentary democracy

124E. (1) Any person who, without lawful excuse, has in his possession any document or publication detrimental to parliamentary democracy or any extract therefrom, shall be punished with imprisonment for a term which may extend to ten years.

(2) The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication:

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court —

(a) that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and

(b) that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy.

Importation of document and publication detrimental to parliamentary democracy

124F. (1) Any person who imports or attempts to import or abets the importation of any document or publication detrimental to parliamentary democracy or without lawful excuse has in his possession any document or publication shall be punished with imprisonment for a term which may extend to five years.

(2) The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication:

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court —

(a) that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and 

(b) that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy.

Posting of placards, etc.

124G. Any person who posts or distributes any placard, circular or other document containing any incitement to violence, or counselling violent disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be punished with imprisonment for a term which may extend to five years.

Dissemination of information

124H. Any person who by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means incites violence, or counsels violent disobedience to the law or to any lawful order, shall be punished with imprisonment for a term which may extend to five years.

Dissemination of false reports

124I. Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years.

Receipt of document and publication detrimental to parliamentary democracy

124J. (1) Any person or any office bearer of any association or any responsible member or agent of any organization who receives any document or publication detrimental to parliamentary democracy shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorized so to do by a police officer not below the rank of Superintendent of Police, communicates to any other person, or publishes or causes to be published the contents of any such document or publication, shall be punished with imprisonment for a term which may extend to ten years.

(2) The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication:

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court —

(a) that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and

(b) that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy.

('LAWS OF MALAYSIA | Act 574 – PENAL CODE')

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B2.
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RELATED: MALAYSIA COMPUTER CRIMES ACT

LAWS OF MALAYSIA

ACT 563

PART I

PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Computer Crimes Act 1997.

(2) This Act shall come into force on such date as the Prime Minister may, by notification in the Gazette, appoint. Interpretation

2. (1) In this Act, unless the context otherwise requires—

“computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, storage and display functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include an automated typewriter or typesetter, or a portable hand held calculator or other similar device which is non-programmable or which does not contain any data storage facility;

“computer network” means the interconnection of communication lines and circuits with a computer or a complex consisting of two or more interconnected computers;

“computer output” or “output” means a statement or a representation whether in written, printed, pictorial, film, graphical, acoustic or other form—

(a) produced by a computer; 

(b) displayed on the screen of a computer; or 

(c) accurately translated from a statement or representation so produced;

“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;

“function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer;

“premises” includes land, buildings, movable structures and any conveyance by land, water and air;

“program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function.

(2) For the purposes of this Act, a person secures access to any program or data held in a computer if, by causing a computer to perform any function, he—

(a) alters or erases the program or data; 

(b) copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held; 

(c) uses it; or

(d) causes it to be output from the computer in which it is held whether by having it displayed or in any other manner, and references to access to a program or data and to an intent to secure such access shall be construed accordingly.

(3) For the purposes ofparagraph(2)(c),a person uses a program if the function he causes the computer to perform—

(a) causes the program to be executed; or 

(b) is itself a function of the program.

(4) For the purposes of paragraph (2)(d), the form in which any program or data is output and in particular whether or not it represents a form in which, in the case of a program, it is capable of being executed or, in the case of data, it is capable of being processed by a computer is immaterial.

(5) For the purposes of this Act, access of any kind by any person to any program or data held in a computer is unauthorized if—

(a) he is not himself entitled to control access of the kind in question to the program or data; and 

(b) he does not have the consent or exceeds any right or consent to access by him of the kind in question to the program or data from any person who is so entitled.

(6) A reference in this Act to any program or data held in a computer includes a reference to any program or data held in any removable storage medium which is for the time being in the computer.

(7) For the purposes of this Act, a modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer—

(a) any program or data held in the computer concerned is altered or erased; 

(b) any program or data is introduced or added to its contents; or 

(c) any event occurs which impairs the normal operation of any computer, and any act that contributes towards causing such a modification shall be regarded as causing it.

(8) Any modification referred to in subsection(7)is unauthorized if—

(a) the person whose act causes it is not himself entitled to determine whether the modification should be made; and 

(b) he does not have consent to the modification from any person who is so entitled.

(9) A reference in this Act to a program includes a reference to part of a program.

(10) A reference in this Act to a computer includes a reference to a computer network.

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PART II

OFFENCES

Unauthorized access to computer material

3. (1) A person shall be guilty of an offence if—

(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; 

(b) the access he intends to secure is unauthorized; and 

(c) he knows at the time when he causes the computer to perform the function that is the case.

(2) The intent a person has to have to commit an offence under this section need not be directed at—

(a) any particular program or data; 

(b) a program or data of any particular kind; or 

(c) a program or data held in any particular computer.

(3) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.


Unauthorized access with intent to commit or facilitate commission of further offence

4. (1) A person shall be guilty of an offence under this section if he commits an offence referred to in section 3 with intent—

(a) to commit an offence involving fraud or dishonesty or which causes injury as defined in the Penal Code [Act 574]; or 

(b) to facilitate the commission of such an offence whether by himself or by any other person.

(2) For the purposes of this section, it is immaterial whether the offence to which this section applies is to be committed at the same time when the unauthorized access is secured or on any future occasion.

(3) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

Unauthorized modification of the contents of any computer

5. (1) A person shall be guilty of an offence if he does any act which he knows will cause unauthorized modification of the contents of any computer.

(2) For the purposes of this section, it is immaterial that the act in question is not directed at—

(a) any particular program or data; 

(b) a program or data of any kind; or 

(c) a program or data held in any particular computer.

(3) For the purposes of this section, it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary.

(4) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; or be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both, if the act is done with the intention of causing injury as defined in the Penal Code.

Wrongful communication

6. (1) A person shall be guilty of an offence if he communicates directly or indirectly a number, code, password or other means of access to a computer to any person other than a person to whom he is duly authorized to communicate.

(2) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Abetments and attempts punishable as offences

7. (1) A person who abets the commission of or who attempts to commit any offence under this Act shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence.

(2) A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence:

Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for the offence.

Presumption

8. A person who has in his custody or control any program, data or other information which is held in any computer or retrieved from any computer which he is not authorized to have in his custody or control shall be deemed to have obtained unauthorized access to such program, data or information unless the contrary is proved.

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PART III

ANCILLARY AND GENERAL PROVISIONS

Territorial scope of offences under this Act

9. (1) The provisions of this Act shall, in relation to any person, whatever his nationality or citizenship, have effect outside as well as within Malaysia, and where an offence under this Act is committed by any person in any place outside Malaysia, he may be dealt with in respect of such offence as if it was committed at any place within Malaysia.

(2) For the purposes of subsection (1), this Act shall apply if, for the offence in question, the computer, program or data was in Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time.

(3) Any proceeding against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Malaysia shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence outside Malaysia.

Powers of search, seizure and arrest

10. (1) Whenever it appears to any Magistrate upon information and after such inquiry as he thinks necessary that there is reasonable cause to believe that in any premises there is evidence of the commission of an offence under this Act, he may, by warrant directed to any police officer of or above the rank of Inspector, empower the officer to enter the premises, by force if necessary, and there to search for, seize and detain any such evidence and he shall be entitled to—

(a) have access to any program or data held in any computer, or have access to, inspect or check the operation of, any computer and any associated apparatus or material which he has reasonable cause to suspect is or has been in use in connection with any offence under this Act;

(b) require—

(i) the person by whom or on whose behalf the police officer has reasonable cause to suspect the computer is or has been so used; or

(ii) any person having charge of or otherwise concerned with the operation of, the computer, apparatus or material, to provide him with such reasonable assistance as he may require for the purposes of paragraph (a); and

(c) require any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible.

(2) Whenever it appears to any police officer of or above the rank of Inspector that there is reasonable cause to believe that in any premises there is concealed or deposited any evidence of the commission of an offence under this Act, and the police officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in and in respect of the premises all the powers mentioned in subsection (1) in as full and ample a measure as if he were empowered to do so by warrant issued under that subsection.

(3) Any police officer may arrest without a warrant any person whom he reasonably believes to have committed or to be committing an offence against this Act, and every offence against this Act shall be deemed to be seizable offence for the purposes of the law for the time being in force relating to criminal procedure.

Obstruction of search

11. (1) A person shall be guilty of an offence if he—

(a) assaults, obstructs, hinders or delays any police officer in effecting entrance to any premises under this Act or in the execution of any duty imposed or power conferred by this Act; or 

(b) fails to comply with any lawful demands of a police officer acting in the execution of his duty under this Act.

(2) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Prosecution

12. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor in writing.

('LAWS OF MALAYSIA | Act 563 – COMPUTER CRIMES ACT 1997')

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B3.
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RELATED: SINGAPORE PENAL CODE (CHAPTER 224)

LAWS OF SINGAPORE

PENAL CODE (CHAPTER 224)

CHAPTER V

ABETMENT

Abetment of the doing of a thing

107. A person abets the doing of a thing who —

(a) instigates any person to do that thing; 

(b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or 

(c) intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.


Abettor

108. A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 1.—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act.

Explanation 2.—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.


Abetment in Singapore of an offence outside Singapore

108A. A person abets an offence within the meaning of this Code who, in Singapore, abets the commission of any act without and beyond Singapore which would constitute an offence if committed in Singapore.


Abetment outside Singapore of an offence in Singapore

108B. A person abets an offence within the meaning of this Code who abets an offence committed in Singapore notwithstanding that any or all of the acts constituting the abetment were done outside Singapore.


Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

109. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

Explanation .—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.


Punishment of abetment if the person abetted does the act with a different intention from that of the abettor

110. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.


Liability of abettor when one act is abetted and a different act is done

111. When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it:

Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.


Abettor, when liable to cumulative punishment for act abetted and for act done

112. If the act for which the abettor is liable under section 111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.


Liability of abettor for an offence caused by the act abetted different from that intended by the abettor

113. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner, and to the same extent, as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.


Abettor present when offence committed

114. Whenever any person who, if absent, would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.


Abetment of an offence punishable with death or imprisonment for life

115. Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment for a term which may extend to 14 years, and shall also be liable to fine.


Abetment of an offence punishable with imprisonment

116. Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both.


Abetting the commission of an offence by the public or by more than 10 persons

117. Whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding 10, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

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CHAPTER VA

CRIMINAL CONSPIRACY

Definition of criminal conspiracy

120A.—(1) When 2 or more persons agree to do, or cause to be done —

(a) an illegal act; or 

(b) an act, which is not illegal, by illegal means,

such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

(2) A person may be a party to a criminal conspiracy notwithstanding the existence of facts of which he is unaware which make the commission of the illegal act, or the act, which is not illegal, by illegal means, impossible.

Explanation .—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.


Punishment of criminal conspiracy

120B. Whoever is a party to a criminal conspiracy to commit an offence shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

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CHAPTER VI

OFFENCES AGAINST THE STATE

Waging war against any power in alliance or at peace with Singapore

125. Whoever wages war against the government of any power in alliance or at peace with the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to 15 years, to which fine may be added, or with fine.


Committing depredation on the territories of any power in alliance or at peace with Singapore

126. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, and any property used, or intended to be used, in committing such depredation, or acquired by such depredation, shall be forfeited.


Receiving property taken by war or depredation mentioned in sections 125 and 126

127. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and the property so received shall be forfeited.

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CHAPTER XI

FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Giving false evidence

191. Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.


Fabricating false evidence

192. Whoever causes any circumstance to exist, or makes any false entry in any book or record or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person, who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.


Punishment for false evidence

193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Explanation 1.—A trial before a court martial is a judicial proceeding.

Explanation 2.—An investigation directed by law preliminary to a proceeding before a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.

Explanation 3.—An investigation directed by a court of justice according to law, and conducted under the authority of a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment 195. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code or under any other law for the time being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term of 7 years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.


Using evidence known to be false

196. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.


Issuing or signing a false certificate

197. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.


Using as a true certificate one known to be false in a material point

198. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.


False statement made in any declaration which is by law receivable as evidence

199. Whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.


Using as true any such declaration known to be false

200. Whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation .—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.


Intentional omission to give information of an offence, by person bound to inform

202. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.


Giving false information respecting an offence committed

203. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Explanation .—In sections 201 and 202 and in this section “offence” includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.


Destruction of document or electronic record to prevent its production as evidence

204. Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence before a court of justice, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid, or after he has been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


Obstructing, preventing, perverting or defeating course of justice

204A. Whoever intentionally obstructs, prevents, perverts or defeats the course of justice shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.


Explanation .—A mere warning to a witness that he may be prosecuted for perjury if he gives false evidence is insufficient to constitute an offence.


Bribery of witnesses

204B.—(1) Whoever —

(a) gives, confers, or procures, promises or offers to give, confer, or procure or attempts to procure, any gratification to, upon, or for any person, upon any agreement or understanding that any person who is aware of any offence (being an offence which any person is legally bound to give information respecting that offence) will abstain from reporting that offence to the police or any agency charged by law with the duty of investigating offences; 

(b) gives, confers, or procures, promises or offers to give, confer, or procure or attempts to procure, any gratification to, upon, or for any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding will give false testimony or withhold true testimony or abstain from giving evidence; 

(c) attempts by any means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or withhold true testimony or abstain from giving evidence; or 

(d) asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, or any other person, upon any agreement or understanding that any person will as a witness in any judicial proceeding give false testimony or withhold true testimony or abstain from giving evidence, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

(2) In this section, “judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken.


Fraudulently suffering a decree for a sum not due

208. Whoever fraudulently causes or suffers a decree or an order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or an order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


Fraudulently or dishonestly making a false claim before a court of justice

209. Whoever fraudulently, or dishonestly, or with intent to injure or annoy any person, makes before a court of justice any claim which he knows to be false, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine.


False charge of offence made with intent to injure

211. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for 7 years or upwards, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to fine.


Taking gifts, etc., to screen an offender from punishment

213. Whoever accepts, or agrees to accept, or attempts to obtain any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.


Offering gift or restoration of property in consideration of screening offender

214. Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.

Exception.—Sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.


Taking gift to help to recover stolen property, etc.

215. Whoever takes, or agrees or consents to take, any gratification for himself or any other person under pretence or on account of helping any person to recover any movable property of which he has been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

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CHAPTER XIV

OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

Making, printing, etc., document containing incitement to violence, etc.

267C. Whoever —

(a) makes, prints, possesses, posts, distributes or has under his control any document; or 

(b) makes or communicates any electronic record,

containing any incitement to violence or counselling disobedience to the law or to any lawful order of a public servant or likely to lead to any breach of the peace shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.


Public nuisance

268. A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

Explanation .—A common nuisance is not excused on the ground that it causes some convenience or advantage.

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CHAPTER XVII

OFFENCES AGAINST PROPERTY

Theft

378. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2.—A moving, effected by the same act which effects the severance, may be a theft.

Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving, or by separating it from any other thing, as well as by actually moving it.

Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which in consequence of the motion so caused is moved by that animal.

Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.


Punishment for theft

379. Whoever commits theft shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


Extortion

383. Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.


Punishment for extortion

384. Whoever commits extortion shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.


Putting person in fear of harm in order to commit extortion

385. Whoever, in order to commit extortion, puts or attempts to put any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and with caning.


Extortion by putting a person in fear of death or grievous hurt

386. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.

Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc. 388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Putting person in fear of accusation of offence, in order to commit extortion 389. Whoever, in order to commit extortion, puts or attempts to put any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.


Dishonest misappropriation of property

403. Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


Stolen property

410.—(1) Property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated, or in respect of which criminal breach of trust or cheating has been committed, is designated as “stolen property”, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Singapore. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

(2) The expression “stolen property” includes any property into or for which stolen property has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise.


Dishonestly receiving stolen property

411.—(1) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the property to be stolen property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

(2) If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —

(a) shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and

(b) may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act (Cap. 276).


Habitually dealing in stolen property

413. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.


Cheating

415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.

Explanation 1.—A dishonest concealment of facts is a deception within the meaning of this section.

Explanation 2.—Mere breach of contract is not of itself proof of an original fraudulent intent.

Explanation 3.—Whoever makes a representation through any agent is to be treated as having made the representation himself.


Punishment for cheating

417. Whoever cheats shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect

418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest, in the transaction to which the cheating relates, he was bound either by law or by a legal contract to protect shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.


Punishment for cheating by personation

419. Whoever cheats by personation shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.


Cheating and dishonestly inducing a delivery of property

420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

('LAWS OF SINGAPORE | PENAL CODE (CHAPTER 224)')

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B4.
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RELATED: SINGAPORE COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)

LAWS OF SINGAPORE 

COMPUTER MISUSE AND CYBERSECURITY ACT(CHAPTER 50A)

(Original Enactment: Act 19 of 1993)

REVISED EDITION 2007

(31st July 2007)

An Act to make provision for securing computer material against unauthorised access or modification, to require or authorise the taking of measures to ensure cybersecurity, and for matters related thereto.

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Computer Misuse and Cybersecurity Act.


Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include —

(a) an automated typewriter or typesetter; 

(b) a portable hand-held calculator; 

(c) a similar device which is non-programmable or which does not contain any data storage facility; or 

(d) such other device as the Minister may, by notification in the Gazette, prescribe; “computer output” or “output” means a statement or representation (whether in written, printed, pictorial, graphical or other form) purporting to be a statement or representation of fact —

(a) produced by a computer; or 

(b) accurately translated from a statement or representation so produced;

“computer service” includes computer time, data processing and the storage or retrieval of data;

“damage” means, except for the purposes of section 13, any impairment to a computer or the integrity or availability of data, a program or system, or information, that —

(a) causes loss aggregating at least $10,000 in value, or such other amount as the Minister may, by notification in the Gazette, prescribe except that any loss incurred or accrued more than one year after the date of the offence in question shall not be taken into account; 

(b) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment or care of one or more persons; 

(c) causes or threatens physical injury or death to any person; or 

(d) threatens public health or public safety;

“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;

“electro-magnetic, acoustic, mechanical or other device” means any device or apparatus that is used or is capable of being used to intercept any function of a computer;

“function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer;

“intercept”, in relation to a function of a computer, includes listening to or recording a function of a computer, or acquiring the substance, meaning or purport thereof;

“program or computer program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function.

(2) For the purposes of this Act, a person secures access to any program or data held in a computer if by causing a computer to perform any function he —

(a) alters or erases the program or data; 

(b) copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held; 

(c) uses it; or 

(d) causes it to be output from the computer in which it is held (whether by having it displayed or in any other manner),

and references to access to a program or data (and to an intent to secure such access) shall be read accordingly. (3) For the purposes of subsection (2)(c), a person uses a program if the function he causes the computer to perform —

(a) causes the program to be executed; or 

(b) is itself a function of the program.

(4) For the purposes of subsection (2)(d), the form in which any program or data is output (and in particular whether or not it represents a form in which, in the case of a program, it is capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial.

(5) For the purposes of this Act, access of any kind by any person to any program or data held in a computer is unauthorised or done without authority if —

(a) he is not himself entitled to control access of the kind in question to the program or data; and 

(b) he does not have consent to access by him of the kind in question to the program or data from any person who is so entitled.

(6) A reference in this Act to any program or data held in a computer includes a reference to any program or data held in any removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing any program or data held in any such medium.

(7) For the purposes of this Act, a modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer —

(a) any program or data held in the computer concerned is altered or erased; 

(b) any program or data is added to its contents; or 

(c) any act occurs which impairs the normal operation of any computer,

and any act which contributes towards causing such a modification shall be regarded as causing it.

(8) Any modification referred to in subsection (7) is unauthorised if —

(a) the person whose act causes it is not himself entitled to determine whether the modification should be made; and

(b) he does not have consent to the modification from any person who is so entitled.

(9) A reference in this Act to a program includes a reference to part of a program.

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PART II

OFFENCES

Unauthorised access to computer material

3.—(1) Subject to subsection (2), any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

(3) For the purposes of this section, it is immaterial that the act in question is not directed at —

(a) any particular program or data;

(b) a program or data of any kind; or

(c) a program or data held in any particular computer.


Access with intent to commit or facilitate commission of offence

4.—(1) Any person who causes a computer to perform any function for the purpose of securing access to any program or data held in any computer with intent to commit an offence to which this section applies shall be guilty of an offence.

(2) This section shall apply to an offence involving property, fraud, dishonesty or which causes bodily harm and which is punishable on conviction with imprisonment for a term of not less than 2 years.

(3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(4) For the purposes of this section, it is immaterial whether —

(a) the access referred to in subsection (1) is authorised or unauthorised; 

(b) the offence to which this section applies is committed at the same time when the access is secured or at any other time.

Unauthorised modification of computer material

5.—(1) Subject to subsection (2), any person who does any act which he knows will cause an unauthorised modification of the contents of any computer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

(3) For the purposes of this section, it is immaterial that the act in question is not directed at —

(a) any particular program or data; 

(b) a program or data of any kind; or 

(c) a program or data held in any particular computer.

(4) For the purposes of this section, it is immaterial whether an unauthorised modification is, or is intended to be, permanent or merely temporary.


Unauthorised use or interception of computer service

6.—(1) Subject to subsection (2), any person who knowingly —

(a) secures access without authority to any computer for the purpose of obtaining, directly or indirectly, any computer service;

(b) intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electro-magnetic, acoustic, mechanical or other device; or

(c) uses or causes to be used, directly or indirectly, the computer or any other device for the purpose of committing an offence under paragraph (a) or (b),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

(3) For the purposes of this section, it is immaterial that the unauthorised access or interception is not directed at —

(a) any particular program or data;

(b) a program or data of any kind; or

(c) a program or data held in any particular computer.


Unauthorised obstruction of use of computer

7.—(1) Any person who, knowingly and without authority or lawful excuse —

(a) interferes with, or interrupts or obstructs the lawful use of, a computer; or

(b) impedes or prevents access to, or impairs the usefulness or effectiveness of, any program or data stored in a computer,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.


Unauthorised disclosure of access code

8.—(1) Any person who, knowingly and without authority, discloses any password, access code or any other means of gaining access to any program or data held in any computer shall be guilty of an offence if he did so —

(a) for any wrongful gain; 

(b) for any unlawful purpose; or 

(c) knowing that it is likely to cause wrongful loss to any person.

(2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.


Enhanced punishment for offences involving protected computers

9.—(1) Where access to any protected computer is obtained in the course of the commission of an offence under section 3, 5, 6 or 7, the person convicted of such an offence shall, in lieu of the punishment prescribed in those sections, be liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 20 years or to both.

(2) For the purposes of subsection (1), a computer shall be treated as a “protected computer” if the person committing the offence knew, or ought reasonably to have known, that the computer or program or data is used directly in connection with or necessary for —

(a) the security, defence or international relations of Singapore;

(b) the existence or identity of a confidential source of information relating to the enforcement of a criminal law;

(c) the provision of services directly related to communications infrastructure, banking and financial services, public utilities, public transportation or public key infrastructure; or

(d) the protection of public safety including systems related to essential emergency services such as police, civil defence and medical services.

(3) For the purposes of any prosecution under this section, it shall be presumed, until the contrary is proved, that the accused has the requisite knowledge referred to in subsection (2) if there is, in respect of the computer, program or data, an electronic or other warning exhibited to the accused stating that unauthorised access to that computer, program or data attracts an enhanced penalty under this section.


Abetments and attempts punishable as offences

10.—(1) Any person who abets the commission of or who attempts to commit or does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall be liable on conviction to the punishment provided for the offence.

(2) For an offence to be committed under this section, it is immaterial where the act in question took place.

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PART III

MISCELLANEOUS AND GENERAL

Territorial scope of offences under this Act

11.—(1) Subject to subsection (2), the provisions of this Act shall have effect, in relation to any person, whatever his nationality or citizenship, outside as well as within Singapore.

(2) Where an offence under this Act is committed by any person in any place outside Singapore, he may be dealt with as if the offence had been committed within Singapore.

(3) For the purposes of this section, this Act shall apply if, for the offence in question —

(a) the accused was in Singapore at the material time; or

(b) the computer, program or data was in Singapore at the material time.


Jurisdiction of Courts

12. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act.


Composition of offences

12A.—(1) The Commissioner of Police or any person authorised by him may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000.

(2) The Minister may make regulations to prescribe the offences which may be compounded.


Order for payment of compensation

13.—(1) The court before which a person is convicted of any offence under this Act may make an order against him for the payment by him of a sum to be fixed by the court by way of compensation to any person for any damage caused to his computer, program or data by the offence for which the sentence is passed.

(2) Any claim by a person for damages sustained by reason of the offence shall be deemed to have been satisfied to the extent of any amount which has been paid to him under an order for compensation, but the order shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation paid under the order.

(3) An order of compensation under this section shall be recoverable as a civil debt.


Saving for investigations by police and law enforcement officers

14. Nothing in this Act shall prohibit a police officer, an authorised person within the meaning of section 39 of the Criminal Procedure Code 2010 or any other duly authorised law enforcement officer from lawfully conducting investigations pursuant to the powers conferred on him under any written law.


Power of police officer to access computer and data

15. [Repealed by Act 42 of 2005]


Cybersecurity measures and requirements

15A.—(1) Where the Minister is satisfied that it is necessary for the purposes of preventing, detecting or countering any threat to the national security, essential services or defence of Singapore or foreign relations of Singapore, the Minister may, by a certificate under his hand, authorise or direct any person or organisation specified in the certificate (referred to in this section as the specified person) to take such measures or comply with such requirements as may be necessary to prevent, detect or counter any threat to a computer or computer service or any class of computers or computer services.

(2) The measures and requirements referred to in subsection (1) may include, without limitation —

(a) the exercise by the specified person of the powers referred to in sections 39(1)(a) and (b) and (2)(a) and (b) and 40(2)(a), (b) and (c) of the Criminal Procedure Code (Cap. 68); 

(b) requiring or authorising the specified person to direct another person to provide any information that is necessary to identify, detect or counter any such threat, including —

(i) information relating to the design, configuration or operation of any computer, computer program or computer service; and

(ii) information relating to the security of any computer, computer program or computer service;

(c) providing to the Minister or a public officer authorised by him any information (including real-time information) obtained from any computer controlled or operated by the specified person, or obtained by the specified person from another person pursuant to a measure or requirement under paragraph (b), that is necessary to identify, detect or counter any such threat, including —

(i) information relating to the design, configuration or operation of any computer, computer program or computer service; and

(ii) information relating to the security of any computer, computer program or computer service; and

(d) providing to the Minister or a public officer authorised by him a report of a breach or an attempted breach of security of a description specified in the certificate under subsection (1), relating to any computer controlled or operated by the specified person.

(3) Any measure or requirement referred to in subsection (1), and any direction given by a specified person for the purpose of taking any such measure or complying with any such requirement —

(a) shall not confer any right to the production of, or of access to, information subject to legal privilege; and 

(b) subject to paragraph (a), shall have effect notwithstanding any obligation or limitation imposed or right, privilege or immunity conferred by or under any law, contract or rules of professional conduct, including any restriction on the disclosure of information imposed by law, contract or rules of professional conduct.

(4) A specified person who, without reasonable excuse, fails to take any measure or comply with any requirement directed by the Minister under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(5) Any person who, without reasonable excuse —

(a) obstructs a specified person in the taking of any measure or in complying with any requirement under subsection (1); or 

(b) fails to comply with any direction given by a specified person for the purpose of the specified person taking any such measure or complying with any such requirement,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(6) No civil or criminal liability shall be incurred by —

(a) a specified person for doing or omitting to do any act if the specified person had done or omitted to do the act in good faith and for the purpose of or as a result of taking any measure or complying with any requirement under subsection (1); or 

(b) a person for doing or omitting to do any act if the person had done or omitted to do the act in good faith and for the purpose of or as a result of complying with a direction given by a specified person for the purpose of taking any such measure or complying with any such requirement.

(7) The following persons shall not be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct:

(a) a specified person who, in good faith, obtains any information for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection, or who discloses any information to the Minister or a public officer authorised by the Minister, in compliance with any requirement under that subsection; 

(b) a person who, in good faith, obtains any information, or discloses any information to a specified person, in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection.

(8) The following persons, namely:

(a) a specified person to whom a person has provided information in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection; 

(b) a person to whom a specified person provides information in compliance with any requirement under subsection (1), shall not use or disclose the information, except —

(i) with the written permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the written permission of the third person;

(ii) for the purpose of preventing, detecting or countering a threat to a computer, computer service or class of computers or computer services; 

(iii) to disclose to any police officer or other law enforcement authority any information which discloses the commission of an offence under this Act or any other written law; or 

(iv) in compliance with a requirement of a court or the provisions of this Act or any other written law.

(9) Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(10) Where an offence is disclosed in the course of or pursuant to the exercise of any power under this section —

(a) no information for that offence shall be admitted in evidence in any civil or criminal proceedings; and 

(b) no witness in any civil or criminal proceedings shall be obliged —

(i) to disclose the name, address or other particulars of any informer who has given information with respect to that offence; or

(ii) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.

(11) If any book, document, data or computer output which is admitted in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his discovery, the court shall cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

(12) In subsection (1), “essential services” means —

(a) services directly related to communications infrastructure, banking and finance, public utilities, public transportation, land transport infrastructure, aviation, shipping, or public key infrastructure; or 

(b) emergency services such as police, civil defence or health services.

Arrest by police without warrant

16. Any police officer may arrest without warrant any person reasonably suspected of committing an offence under this Act.

('LAWS OF SINGAPORE | COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)')

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B5.
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RELATED: KINGDOM OF THAILAND CRIMINAL CODE B.E. 2499 (1956)

As Amended by the Criminal Code (No. 17), B.E. 2547 (2003)

Bhumibol Adulyadej, Rex. Given on the 13th November, B.E. 2499; Being the 11th year of the Present Reign.

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:

Whereas it is expedient to revise the Criminal Law anew, because, since the promulgation of the Criminal Law in B.E. 2451, the circumstances of the Country have considerably changed;

Be it, therefore, enacted an Act by the King, by and with the advice and consent of the Assembly of the People's Representatives, as follows:

Section 1– This Act is be called the "Act Promulgating the Criminal Code, B.E. 2499 (1956)"

Section 2– This Act shall come into force as and from the day following the date of its publication in the Government Gazette.

Section 3– The Criminal Code annexed to this Act shall come into force as and from the 1st day of January, B.E. 2500.

Section 4– Upon coming into force of the Criminal Code, the Criminal Law in B.E. 2451 shall be repealed.

Section 5– Upon coming into force of the Criminal Code, in case of any law determines the punishment by referring to the punishment of the petty offences in the Criminal Law in B.E. 2451, it shall be deemed that such law refers to the punishment as follows:

If it refers to the punishment Class 1, it means fined not exceeding one hundred Baht;

If it refers to the punishment Class 2, it means fined not exceeding five hundred Baht;

If it refers to the punishment Class 3, it means imprisonment not exceeding ten days or fined not exceeding five hundred Baht, or both;

If is refers to the punishment Class 4, it means imprisonment not exceeding one month or fined not exceeding one thousand Baht, or both.

Section 6– Upon coming into force of the Criminal Code, in the matter of imprisonment in lieu of fined under any law, the provisions of the Criminal Code shall apply, regardless of whatever may have been provided by such and such law; but, as for the offences committed before the enforcement of the Criminal Code, the confinement shall not exceed one year for the punishment of one count, and two years for the punishment of several counts.

Section 7– In case of safety measures according to Section 46 of the Criminal Code, the provisions of the Criminal Procedure Code shall apply as if it is a criminal offence, but the custody in the inquiring stage shall not exceed forty-eight hours as from the time when the arrested person arrives at the Office of the Administrative or Police officer, but the time taken for ordinary journey in bringing the arrested person to the Court shall not be included in such period of forty-eight hours.

Section 8– Upon coming into force of the Criminal Code, whenever the provisions of any law refer to the Criminal Law in B.E. 2451, or the provisions of the Criminal Law in B.E. 2451, it shall be deemed that the provisions of such law refer to the Criminal Code, or the provisions of the Criminal Code in the Section implying the same sense, as the case may be.

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CRIMINAL CODE

BOOK I

GENERAL PROVISIONS

TITLE I

PROVISIONS APPLICABLE TO GENERAL OFFENCES

CHAPTER 1–DEFINITIONS

Section 1– In This Code

"To commit an act dishonestly" means to do an act in order to procure, for himself or the other person, any advantage to which he is not entitled by law;

"Public way" means a land or waterway used by the public for traffic, and includes a railway or tramway used for public conveyance;

"Public place" means a place to which the public has a right of entry;

“Dwelling place” means a place used for dwelling, such as a house, shed, vessel, or floating house in which a human being dwells, it also include the precinct of the place used for dwelling, whether it be enclosed or not;

"Arm" includes anything which is not a weapon by nature, but which is used or intended to be used as a weapon for causing grievous bodily harm;

"To commit an act of violence" means to do an act of violence against the body or mind of a person, whether it be by physical force or by any other means, and includes any act causing any person to be in a state of being unable to resist, whether it be by using drug causing intoxication, by hypnotism or by any other similar means;

"Document" means any paper or other material for expressing the meaning by letters, figures, plan or an other design, whether it be by way of printing, photographing or any other means, which is evidence of such meaning;

"Official document" means a document drawn up or authenticated by an official in the course of his duty, and includes also a. copy of such document authenticated by an official in the course of his duty;

"Document of right" means a document evidencing the creation, modification, transfer, reservation or extinction of a right;

"Signature" includes a finger-print and mark put to a document by a person in lieu of his signature;

"Night" means the interval between sunset and sunrise;

"Custody" means the restraint, keeping in custody, detention, confinement or imprisonment;

"Ransom" means a property of benefit demanded or given in exchange for the liberty of the person who is taken away, held or confined;

"Electronics Card" means that:

Any of documents or materials in any description whatever that issuer having issued to the person entitled to use, irrespective of whether the specified name or not, by data or cipher noted by applying and using the ways of electron, electricity, long wave or any way in the same nature including to apply and use the ways of fight or magnet to be sense appeared by any of letters, figures, ciphers or symbols either able to be seen or not to be seen by the naked eyes;

Data, cipher, account number, any of set-numbers of electron or figures which issuer having issued to the person entitled to use by any of documents or materials not to be issued, but there is the way to use in the same manner as (A) ; or

Anything else to be used in corroboration of the electronic data for showing the relationship between person and electronic data by the object for specifying the owned person.

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CHAPTER 4

CRIMINAL LIABILITY

Section 59– A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing.

If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

Section 60– Whenever any person intends to commit an act against a person, but the effect of the doing of such act occurs to another person through a slip, it shall be deemed that such person intentionally commits such act against the person who suffers from the bad effect of such doing. But, in case of the law provides for the infliction of heavier punishment on account of individual status or the relation between the doer and the person suffering from the bad effect, such law shall not be applied so as to inflict the heavier punishment on the doer.

Section 61– Whenever any person intends to commit an act against a person, but commits such act against another person by mistake, such person may not raise the mistake as an excuse that such person did not intentionally commit such act.

Section 62– Whenever any fact, if really existing, will cause the doing of any act not to be an offence, or the doer not to be punishable, or to receive less punishment, and even though such fact does not really exist, but the doer understands mistakenly that it really exists, the doer shall not be guilty, or shall be exempted from the punishment, or shall receive less punishment, as the case may be.

If ignorance of fact according to the third paragraph of Section 59, or the mistake as to the existence of fact according to the first paragraph has occurred through the negligence of the offender, the doer shall be liable for committing the offence by negligence in case of the law specifically provides that the doer shall be criminally liable for the act though committed by negligence.

A person shall receive heavier punishment on account of any fact only when such person must have known of such fact.

Section 63– If the effect of the commission of any offence causes the doer to receive heavier punishment, such effect must be that which may ordinarily occur.

Section 64– The person shall not be excused from the criminal liability committed by ignorance of law.

But, if the Court deems that, according to the conditions and circumstances, the offender may not have known that the law has been prescribed that such act to be an offence, the evidence may be allowed by the Court in order to such person to produce before the Court, and if the doer, whom the Court believes that, does not know that the law has be so provided, the Court may inflict less punishment to any extent than that prescribed by the law for such offence.

Section 65– Whenever any person commits an offence at the time of not being able to appreciate the nature, or illegality of his act or not being able to control himself on account of defective mind, mental disease or mental infirmity, such person shall not be punished for such offence. But, if the offender is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, such person shall be punished for such offence, but the Court may inflict less punishment to any extent than that provided by the law for such offence.

Section 66– Intoxication on account of taking liquor or any other intoxicant may not be raised as an excuse under Section 65, except where such intoxication is caused without the knowledge or against the will of the offender, and such person has committed the offence at the time of not being able to appreciate the nature of illegality of his act or not being able to control himself, the offender shall then be exempted from the punishment for such offence. But, if such person is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, the Court may inflict less punishment to any extent than that provided by the law for such offence.

Section 67– Any person shall not be punished for committing any offence on account of necessity:

When such person is under compulsion or under the influence of a force such that such person cannot avoid or resist; or

When such person acts in order to make himself or another person to escape from an imminent danger which could not be avoided by any other means, and which such person did not cause to exist through his own fault. Provided that no more is done than is reasonably necessary under the circumstances.

Section 68– Any person is to commit any act for defending his own right or other person's right in order to except from a danger arising out of violence tortuous to the law and such danger to be imminent, if reasonably having committed under the circumstance, such act is a lawful defense, and such person shall not have a quilt.

Section 69– In the cases as provided in Sections 67 and 68, if the act committed is in excess of what is reasonable under the circumstances or in excess of what is necessary, or in excess of what is necessary for the defense, the Court may inflict less punishment to any extent than that provided by the law for such offence. But, if such act occurs out of excitement, fright or fear, the Court may not inflict any punishment at all.

Section 70– Any person does an act done in accordance with the order of an official, even though such order is unlawful, if such doer has the duty or believes in good faith that having the duty to comply with such order, that person shall not punished, unless that person Knows that such order is unlawful.

Section 71– If the offences as provided in Section 334 to Section 336, first paragraph, and Section 341 to Section 364 are committed by a husband against his wife, or by a wife against her husband, the offender shall not be punished.

If the aforesaid offences are committed by an ascendant against his descendant, or by a descendant against his ascendant, or by a brother or sister of the same parents against each other, the offences shall, even though not provided by the law as compoundable offences, be deemed as compoundable offences. Moreover, the Court may inflict less punishment to any extent than that provided by the law for such offences.

Section 72– Any person to be hot blooded by being maltreated seriously by unjust cause comes to commit an offence against the maltreating person at that time, the Court may inflict the punishment upon such person any less than punishment as prescribed by the law for such offence.

Section 73– A child not yet over seven years of age shall not be punished for committing what is provided by the law to be an offence.

Section 74– Whenever a child over seven years but not yet over fourteen years of age commits what is provided by the law to be an offence, he shall not be punished, but the Court shall have the power as follows:

To admonish the child and then discharge him ; and the Court may, if it thinks fit, summon the parents or guardian of the child or the person with whom the child is residing to be given an admonition too;

If the Court is of opinion that the parents or guardian are able to take care of the child, the Court may give order to hand over the child to his parents or guardian by imposing the stipulation that the parents or guardian shall take care that the child does not cause any harm throughout the time prescribed by the Court, but not exceeding three years, and fixing a sum of money, as it thinks fit, which the parents or guardian shall have to pay to the Court, but not exceeding one thousand Baht for each time when such child causes harm; If the child resides with a person other than his parents or guardian, and the Court does not think fit to summon the parents or guardian to impose the aforesaid stipulation, the Court may summon the person with whom the child resides for questioning as to whether or not he will accept the stipulation similar to that prescribed for the parents or guardian as aforesaid. If the person with whom such child resides consents to accept such stipulation, the Court shall give order to hand over the child to such person by imposing the aforesaid stipulation;

In case of the Court hands over the child to his parents, guardian or to the person with whom the child resides according to (2), the Court may determine the conditions for controlling behavior of the child in the same manner as provided in Section 56 also. In such case, the Court shall appoint a probation officer or any other official to control behavior of the child;

If the child has no parents or guardian, or has them but the Court is of opinion that they are unable to take care of such child, or if the child resides with a person other than the parents or guardian, and such person refuses to accept the stipulation mentioned in (2), the Court may give order to hand over such child to a person or organization, as the Court thinks fit, to take care of, to train and to give instruction throughout the period of time prescribed by the Court when consented to by such person or organization. in such case, such person or organization shall have the same power as that of the guardian only for the purpose of taking care of, training and giving instruction as well as determining the residence and making arrangement for the work to be done by the child, as may be reasonable; or

To send such child to a school or place of training and instruction or a place established for training and giving instruction to children throughout the period of time prescribed by the Court but not longer than the time when such child shall have completed eighteen years of age.

As to the orders of the Court mentioned in (2), (3), (4) and (5), if, at any time within the period of time prescribed by the Court, it appears to the Court itself, or it appears from the submission of the interested person, the Public Prosecutor, or the person or the organization to whom or which the Court has handed over the child for taking care of, training and giving instruction, or the official that the circumstances relating to such order have changed, the Court shall have the power to modify such order or to give a new order according to the power vested by this Section.

Section 75– Whenever any person over fourteen years but not yet over seventeen years of age commits any act provided by the law to be an offence, the Court shall take into account the sense of responsibility and all other things concerning such person in order to come to decision as to whether it is expedient to pass judgment inflicting punishment on such person or not. If the Court does not deem it expedient to pass judgment inflicting punishment, it shall proceed according to Section 74, or if the Court deems it expedient to pass judgment inflicting punishment, it shall reduce the scale of punishment as provided for such offence by one-half.

Section 76– Any person out of seventeen years but not out of twenty years of age commits an act as prescribed by the law to be an offence, if the Court to deem expedient may reduce the scale of the punishment as provided for such offence by one-third or a half.

Section 77– In case of the Court imposes a stipulation requiring the parents, guardian or the person with whom such child resides to take care that such child does not cause any harm according to Section 74 (2), if such child causes any harm within the prescribed time, the Court has the power to compel the parents, guardian or the person with whom such child resides to pay a sum of money not exceeding that determined in such stipulation within the time as the Court thinks fit. If the parents, guardian or the person with whom such child resides fail to pay the sum of money, the Court may give order to seize the property of the parents, guardian or the person with whom such child resides for payment of what must be paid.

In case of the Court compels the parents, guardian or the person with whom such child resides to pay the sum of money according to such stipulation, if the Court does not modify the order imposing such stipulation according to the last paragraph of Section 74 to be otherwise, such stipulation shall remain in force further until the period of time prescribed in such stipulation terminates.

Section 78– Whenever it appears that there exists an extenuating circumstance, whether or not there be an increase or reduction of the punishment according to the provisions of this Code or the other law, the Court may, if it is suitable, reduce the punishment to be inflicted on the offender by not more than one-half.

Extenuating circumstances may include lack of intelligence, serious distress, previous good conduct, the repentance and the efforts made by the offender to minimize the injurious consequence of the offence, voluntary surrender to an official, the information given or the Court for the benefit of the trial, or the other circumstance which the Court considers to be of similar nature.

Section 79– In the case having offence to be punished with fine only, if the person alleged as having committed an offence pays the fine in the maximum rate for such offence before the Court commences to take the evidence, the case shall be lapsed.

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CHAPTER 5

OF COMMITMENT

Section 80– Whoever commences to commit an offence, but does not carry it through, or carries it through, but does not achieve its end, is said to attempt to commit an offence. Whoever attempts to commit an offence shall be liable to two-thirds of the punishment as provided by the law for such offence.

Section 81– Whoever commences and commits the offence, but does not commit it through, or commits it through, but does not achieve its good result, such person in said to attempts and commits an offence.

The offence is attempted to commit by whomever, such person shall be punished two-thirds of punishment as prescribed by the law for such offence. If the act mentioned in the first paragraph is done on account of blind belief, the Court may not inflict the punishment.

Section 82– Whoever attempts to commit an offence, but, on his own accord, desists from carrying it through, or changes his mind and prevents the act from achieving its end, shall not be punished for such attempt to commit the offence. But, if what he has already done comes under the provisions of law as an offence, he shall be punished for such offence.

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CHAPTER 6

PRINCIPALS AND SUPPORTERS

Section 83– In case of any offence is accrued by commission of the person as from two persons upwards, such accomplices deemed to be principals shall be punished as provided by the law for such offence.

Section 84– Whoever, whether by employment, compulsion, threat, hire, asking as favor or instigation, or by any other means, causes another person to commit any offence is said to be an instigator.

If the employed person commits the offence, the instigator shall receive the punishment as principal. If the offence is not committed, whether it be that the employed person does not consent to commit, or has not yet committed, or on account of any ether reason, the instigator shall be liable to only one-third of the punishment provided for such offence.

Section 85– Whoever propagates or publishes to the general public to commit an offence and such offence being punishable with imprisonment of not less than six months, shall be liable to one-half of the punishment provided for such offence.

If the offence is committed on account of the propagation or publication according to the first paragraph, the person who made such propagation or publication shall be liable to the punishment as principal.

Section 86– Whoever does for any reason whatsoever as assist or facility to any other person committing an offence before or late time of committing the offence, even though such assistance or facility is not known by the offender, such assistant deemed to be supporter in committing such offence shall be punished by two-thirds of the punishment as provided for such offence.

Section 87– In case of an offence is committed on account of having a person to employ an another person to commit the offence according to Section 84, or on account of having a person to propagate or publish to the general public to commit the offence according to Section 85, or by having the supporter according to Section 86. If the offence occurred is committed by the offender beyond the scope of the employment, propagation or publication, or in excess of the intention of the supporter, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be criminally liable for the offence only in so far as it is within the scope of the employment, propagation or publication, or within the scope of the intention of the supporter to commit the offence only. But, by circumstances, if it may be foreseen that such offence may occur from the employment, propagation or publication, or support, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be criminally liable for the offence occurred.

In case of the employed person, the person doing according to the propagation or publication to the general public to commit an offence, or the principal in the offence shall be criminally liable for higher punishment on account of the consequence resulting from the commission of the offence, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be also criminally liable for the offence having such higher punishment. But, by the nature of the offence, if the offender shall be criminally liable for higher punishment only when the offender must know or could foresee that such consequence would occur, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence shall be criminally liable for the offence having higher punishment only when he has known or could have.

Section 88– If the offence for which there is employment, propagation or publication to the general public to commit the offence or support is carried out up to the stage of commencement, but, on account of the intervention of the instigator, the person making the propagation or publication, or the supporter, it cannot be carried through, or it is carried through, but it does not achieve its end, the instigator or the person making the propagation or publication shall be liable only for what is provided in Section 84, second paragraph, or Section 85, first paragraph, as the case may be, while the supporter shall not be liable to punishment.

Section 89– If there are the circumstance personal to any offender so as to excluded, reduce or increase the punishment, such circumstances personal shall not be applied to any other offender for committing such offence. But the circumstances so as to exclude, reduce or increase the punishment as circumstances relating to the nature of the offence, it shall be applied to every offender involving the commission of the offence.

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CHAPTER 7

CONCURRENCE OF OFFENCES

Section 90– When any act is one and the same act violating several provisions of the law having the severest punishment shall be applied to inflict the punishment upon the offender.

Section 91– If it appears that any offender has committed the several distinct and different offences, the Court may inflict upon such offender the punishment prescribed for each offence. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination:

Ten years in case of the severest offence to have the rate of the maximum punishment of imprisonment not exceeding three years;

Twenty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding three years upwards, but not more than ten years;

Fifty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding ten years upwards, unless in the case where the Court inflicts upon the offender the punishment of imprisonment for life.

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BOOK II

SPECIFIC OFFENCES

TITLE I

OFFENCES RELATING TO THE SECURITY OF THE KINGDOM

CHAPTER 4

OFFENCE AGAINST THE FRIENDLY RELATION WITH FOREIGN STATES

Section 130– Whoever, committing bodily harm, or committing any act of violence against the liberty of the Sovereign, his Queen or her Consort, Heir-apparent or Head of a friendly foreign State, shall be punished with imprisonment of one to fifteen years.

Whoever attempts to commit such offence shall be liable to the same punishment.

Section 131– Whoever, assaulting or committing any act of violence against the liberty of the Foreign Representative to be accredited to the Royal court, shall be imprisoned not out of ten years. Whoever, attempting to commit the act as aforesaid, shall be punished by the same punishment.

Section 132– Whoever causing death, or attempting to cause death to any person specified in Section 130 or Section 131, shall be punished with death or imprisonment for life.

Section 133– Whoever, defaming, insulting or threatening the Sovereign, Queen, Consort, Heir-apparent or Head of Foreign State, shall be imprisoned as from one year to seven years or fined as from two thousand to fourteen thousand Baht, or both.

Section 134– Whoever, defaming, insulting or threatening a foreign Representative accredited to the Royal Court, shall be punished with imprisonment of six months to five years or fine of one to ten thousand Baht, or both.

Section 135– Whoever, doing any act to the flag or any other emblem to be symbolized the friendly Foreign State with the intention to deride that State, shall be imprisoned not out of two years or fined not out of four thousand Baht, or both.

– - –

TITLE I/I

THE OFFENCE IN RESPECT OF TERRORIZATION

Section 135/1– Whoever, performing the Criminal Offence, as follows:

Commit an act of violence or exercise any act to cause a danger to life or a body harm or any person's freedom harm seriously;

Commit any act to cause seriously injury to transportation-system, communication-system or structure base of public interest;

Commit any act to cause injury to any State's property or any person's property or an envelopment to cause likely cause an important economic injury;

If such act is made by the aim to treated or enforce Thai Government, Foreign Government or International Organization make or not to make any act to cause seriously injury or for making a disorder by causing the people to be terrified, such person committing an offence of terrorization must be punished with death, imprisonment for life or imprisonment from three years to twenty years and fine from six ten thousands Baht to one million Baht;

Doings by demonstration, convocation, protestation, argument or movement for demanding Government aid or to be received Justice is not offence of terrorization.

Section 135/2– Whoever:

Treated to make a terrorization under circumstances advisable to be believed that such person will do as treatment really; or

Collect forces or arms, procure or gather property, give or receive a training terrorization, prepare any other act or conspire each other to terrorize or commit any offence in a part of plan to terrorize or abet people into a part of terrorization or ones know the terrorists and commit any act to be covered;

Such person shall be imprisoned as from two years to ten years and fined as from four ten thousands Baht to two hundred thousands Baht.

Section 135/3– Whoever to be supporter in committing offence under Section 135/1 or Section 135/2 shall be liable to the same punishment as principal in such offence.

Section 135/4– Whoever to be the member of a body of persons who there is resolution of or notification subject to Security Council of the United Nations Organization designating as a body of persons to have committed an act as terrorization, and Thai Government has notified to acknowledge notification or resolution as aforesaid, such person shall be imprisoned not more than seven years and fined not more than hundred thousands and four ten thousands Baht.

– - –

TITLE XII

OFFENCE AGAINST PROPERTY

CHAPTER 3

OFFENCE OF CHEATING AND FRAUD

Section 341– Whoever, dishonestly deceives a person with the assertion of a falsehood or the concealment of the facts which should be revealed, and, by suc deception, obtains a property from the person so deceived or a third person, or causes the person so deceived or a third person to execute, revoke or destroy a document of right, is said to commit the offence of cheating and fraud, and shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both.

Section 342– If the offence of cheating and fraud be committed:

By the offender showing himself to be another person;

By taking advantage of the lack of intelligence of the deceived person who is a child, or by taking advantage of weakness of mind of the deceived person,

The offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Section 343– If the offence under Section 341 be committed by the assertion of a falsehood to the public or by the concealment of the facts which should be revealed to the public, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. If the offence mentioned in the first paragraph be committed under the circumstances mentioned in any sub-section of Section 342 also, the offender shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht.

Section 344– Whoever, dishonestly, deceiving ten persons upwards to perform any work for oneself or for the third person with the intent not to pay the wages or remuneration to such persons, or with the intent to pay such persons lower wages or remuneration than those agreed upon, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Section 345– Whoever, orders and consumes food or drink, or stays in a hotel, by knowing that he cannot pay money for the food, drink or the stay in the hotel, shall be punished with imprisonment not exceeding three months or fined not exceeding five hundred Baht, or both.

Section 346– Whoever, in order to take a property of another person for himself or a third person, induces any person to dispose of the property at a disadvantage on account of the induced person being weak-minded, or being a child lacking in intelligence and being unable to understand reasonably the essentials of his acts so that the induced person submits to the disposal of such property, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

Section 347– Whoever, so as to oneself or the other person to obtain the benefit the insurance, maliciously causing the danger to the insured property, shall be imprisoned not out of five years or fined not out of to thousand Baht, or both.

Section 348– The offences in this Chapter excepting the offence under Section 343 are compoundable offences.

– - –

CHAPTER 5

OFFENCE OF MISAPPROPRIATION

Section 352– Whoever, being in possession of a property belonging to the other person, or of which the other person is a co-owner, dishonestly convert s such property to himself or a third person, is said to commit misappropriation, and shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both. If such property comes under the possession of the offender on account of being delivered to him by the other person by mistake by any means whatever, or being a lost property found by him, the offender shall be liable to one-half of the punishment.

Section 353– Whoever, to be entrusted to manage the other person's property or property which the other person to be the co-owner, dishonestly to do any act contrary to oneself duty by any means whatever, up to cause the danger to the benefit on account of being the property of such other person, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Section 354– If the offence under Section 352 or Section 353 be committed by the offender in the status of being an executor or administrator of the property of the other person under the order of the Court or under a will, or in the status of being a person having an occupation or business of public trust, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Section 355– Whoever, to have found the valuable movable property to be hidden or buried under the circumstances of which no person claim to be the owner, to have converted such property for oneself or the other person, shall be imprisoned not out of one year or fined not out of two thousand Baht, or both.

Section 356– The offences in this Chapter are compoundable offences.

– - –

CHAPTER 6

OFFENCE OF RECEIVING STOLEN PROPERTY

Section 357– Whoever, assists in concealing, disposing of, making away with, purchases, receives inpledge or otherwise any property obtained through the commission of an offence, and such offence being theft, snatching, extortion, blackmail, robbery, gang-robbery, cheating and fraud, misappropriation or misappropriation by an official, is said to receive stolen property, and shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

If the offence of receiving stolen property be committed for profit or against the property obtained by theft under Section 335 (10), robbery or gang-robbery, the offender shall be punished with imprisonment of six months to ten years and fined of one thousand to twenty thousand Baht.

If such offence of receiving stolen property is committed against the property obtained by theft according to Section 335 bis, by the robbery according to Section 339 bis, or by the gang-robbery according to Section 340 bis, the offender shall be punished with imprisonment of five to fifteen years and fined of ten thousand to thirty thousand Baht.

– - –

CHAPTER 7

OFFENCE OF MISCHIEF

Section 358– Whoever, damaging, destroying, causing the depreciation of value or rendering useless theproperty belonging to the other person or which the other person to be the co-owner, suchperson to be said to commit mischief, and shall be imprisoned not out of three years orfined not out of six thousand Baht, or both.

Section 359– If the offence under Section 358 be committed against:

An engine or machinery used for agricultural or industrial pursuits; A cattle;

A conveyance or a beast of burden used for public transportation or for agricultural or industrial pursuits; or

A plant or produce of an agriculturist, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Section 360– Whoever, damaging, destroying, causing the depreciation of value or rendering useless the property used or possessed for public benefit, shall be imprisoned not out of five yours or fined not out of ten thousand Baht, or both.

Section 360 bis– Whoever, damages, destroys, causes depreciation in value or renders useless the properties according to the first paragraph of Section 335 bis, which are standed in the places according to the second paragraph of Section 335 bis, shall be punished with imprisonment not exceeding ten years or fined not exceeding twenty thousand Baht, or both.

Section 361 The offences under Sections 358 and 359 are compoundable offences.

('LAWS OF THAILAND | CRIMINAL CODE B.E. 2499 (1956)')
Note: English translations of the original Thai law texts are prepared for reference purposes only. Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

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B6.
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RELATED: KINGDOM OF THAILAND COMPUTER CRIME ACT 2007

LAWS OF THE KINGDOM OF THAILAND

COMPUTER CRIME ACT 2007

Bhumibol Adulyadej, Rex.

Given on this 10th day of June B.E. 2550 (2007)

Being the 62nd year of the present reign. His Majesty King Bhumibol Adulyadej has been pleasantly pleased to proclaim that as it is deemed appropriate to enact a law governing the commission of a computer-related offence.

His Majesty, therefore, granted His Royal assent for the promulgation of the Computer Crime Act in accord with the recommendation and consent of the National Legislative Assembly as follows:

Section 1 This Act shall be called the "Computer Crime Act B.E 2550 (2007)".

Section 2 This Act will come into force 30 days following the date of its publication in the Government Gazette.

Section 3 In this Act,

"Computer System" means a piece of equipment or sets of equipment units, whose function is integrated together, for which sets of instructions and working principles enable it or them to perform the duty of processing data automatically.

"Computer Data" means data, statements, or sets of instructions contained in a computer system, the output of which may be processed by a computer system including electronic data, according to the Law of Electronic Transactions.

"Computer Traffic Data" means data related to computer system-based communications showing sources of origin, starting points, destinations, routes, time, dates, volumes, time periods, types of services or others related to that computer system's communications.

"Service Provider" shall mean:

(1) A person who provides service to the public with respect to access to the Internet or other mutual communication via a computer system, whether on their own behalf, or in the name of, or for the benefit of, another person. 

(2) A person who provides services with respect to the storage of computer data for the benefit of the other person"Service User" means a person who uses the services provided by a service provider, with or without fee.

"Competent Official" means a person appointed by a Minister to perform duties under this Act.

"Minister" means a Minister who has responsibility and control for the execution of this Act.

Section 4. The Minister of Information and Communications Technology shall have responsibility and control for the execution of this Act and shall have the authority to issue a Ministerial Rule for the purpose of the execution of this Act.A Ministerial Rule shall be enforceable upon its publication in the Government Gazette.

– - –

CHAPTER 1

Computer-Related Offences

Section 5. Any person illegally accessing a computer system for which a specific access prevention measure that is not intended for their own use is available shall be subject to imprisonment for no longer than six months or a fine of not more than ten thousand baht or both.

Section 6. If any person knowing of a measure to prevent access to a computer system specifically created by a third party illegally discloses that measure in a manner that is likely to cause damage to the third party, then they shall be subject to imprisonment for no longer than one year or a fine of not more than twenty thousand baht or both.

Section 7. If any person illegally accesses computer data, for which there is a specific access prevention measure not intended for their own use available, then he or she shall be subject to imprisonment for no longer than two years or a fine of not more than forty thousand baht or both.

Section 8. Any person who illegally commits any act by electronic means to eavesdrop a third party's computer data in process of being sent in a computer system and not intended for the public interest or general people's use shall be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht or both.

Section 9. Any person who illegally damages, destroys, corrects, changes or amends a third party's computer data, either in whole or in part, shall be subject to imprisonment for no longer than five years or a fine of not more than one hundred thousand baht or both.

Section 10. Any person who illegally commits any act that causes the working of a third party's computer system to be suspended, delayed, hindered or disrupted to the extent that the computer system fails to operate normally shall be subject to imprisonment for no longer than five years or a fine of not more than one hundred thousand baht or both.

Section 11. Any person sending computer data or electronic mail to another person and covering up the source of such aforementioned data in a manner that disturbs the other person's normal operation of their computer system shall be subject to a fine of not more than one hundred thousand baht.

Section 12. The perpetration of an offence under Section 9 or Section 10 that:

1. causes damage, whether it be immediate or subsequent and whether it be synchronous to the public shall be subject to imprisonment for no longer than ten years or a fine of not more than two hundred thousand baht. 

2. is an act that is likely to damage computer data or a computer system related to the country's security, public security and economic security or public services or is an act against computer data or a computer system available for public use shall be subject to imprisonment from three years up to fifteen years and a fine of sixty thousand baht up to three hundred thousand baht.

The commission of an offence under (2) that causes death to another person shall be subject to imprisonment from ten years up to twenty years.

Section 13. Any person who sells or disseminates sets of instructions developed as a tool used in committing an offence under Section 5, Section 6, Section 7, Section 8, Section 9, Section 10 and Section 11 shall be subject to imprisonment for not more than one year or a fine of not more than twenty thousand baht, or both.

Section 14. If any person commits any offence of the following acts shall be subject to imprisonment for not more than five years or a fine of not more than one hundred thousand baht or both:

1. that involves import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to that third party or the public; 

2. that involves import to a computer system of false computer data in a manner that is likely to damage the country's security or cause a public panic; 

3. that involves import to a computer system of any computer data related with an offence against the Kingdom's security under the Criminal Code; 

4. that involves import to a computer system of any computer data of a pornographic nature that is publicly accessible; 

5. that involves the dissemination or forwarding of computer data already known to be computer data under (1) (2) (3) or (4).

Section 15. Any service provider intentionally supporting or consenting to an offence under Section 14 within a computer system under their control shall be subject to the same penalty as that imposed upon a person committing an offence under Section 14.

Section 16. Any person, who imports to a computer system that is publicly accessible, computer data where a third party's picture appears either created, edited, added or adapted by electronic means or otherwise in a manner that is likely to impair that third party's reputation or cause that third party to be isolated, disgusted or embarrassed, shall be subject to imprisonment for not longer than three years or a fine of not more than sixty thousand baht, or both.If the commission under paragraph one is a trustworthy action the perpetrator is not guilty.

An offence under paragraph one shall be a compoundable offence.

If a party injured by an offence under paragraph one has died before filing a complaint, then their parents, spouse or children may file a complaint and shall be deemed to be the injured party.

Section 17. Any person committing an offence against this Act outside the Kingdom and;

1. the offender is Thai and the government of the country where the offence has occurred or the injured party is required to be punished or; 

2. the offender is a non-citizen and the Thai government or Thai person who is an injured party or the injured party is required to be punished; shall be penalized within the Kingdom.

– - –

CHAPTER 2

Competent Officials

Section 18. Within the power of Section 19 and for the benefit of an investigation, if there is reasonable cause to believe that there is the perpetration of an offence under this Act, then a relevant competent official shall have any of the following authorities only as necessary to identify a person who has committed an offence in order to:

1. issue an inquiry letter to any person related to the commission of an offence under this Act or summon them to give statements, forward written explanations or any other documents, data or evidence in an understandable form call for computer traffic data related to communications from a service user via a computer system or from other relevant persons 

2. instruct a service provider to deliver to a relevant competent official service users-related data that must be stored under Section 26 or that is in the possession or under the control of a service provider copy computer data, computer traffic data from a computer system, in which there is a reasonable cause to believe that offences under this Act have been committed if that computer is not yet in the possession of the competent official 

3. instruct a person who possesses or controls computer data or computer data storage equipment to deliver to the relevant competent official the computer data or the equipment pieces 

4. inspect or access a computer system, computer data, computer traffic data or computer data storage equipment belonging to any person that is evidence of, or may be used as evidence related to, the commission of an offence or used in identifying a person who has committed an offence, and instruct that person to send the relevant computer data to all necessary extent as well 

5. decode any person's computer data or instruct any person related to the encryption of computer data to decode the computer data or cooperate with a relevant competent official in such decoding 

6. seize or attach the suspect computer system for the purpose of obtaining details of an offence and the person who has committed an offence under this Act.

Section 19. The power of authority of the relevant competent official under Section 18 (4), (5), (6), (7) and (8), is given when that competent official files a petition to a court with jurisdiction for an instruction to allow the relevant competent official to take action. However, the petition must identify a reasonable ground to believe that the offender is committing or going to commit an offence under the Act as well as the reason of requesting the authority, including the characteristics of the alleged offense, a description of the equipment used to commit the alleged offensive action and details of the offender, as much as this can be identified. The court should adjudicate urgently such aforementioned petition.

When the court approves permission, and before taking any action according to the court's instruction, the relevant competent official shall submit a copy of the reasonable ground memorandum to show that an authorization under Section 18 (4), (5), (6), (7) and (8), must be employed against the owner or possessor of the computer system, as evidence thereof. If there is no owner of such computer thereby, the relevant competent official should submit a copy of said memorandum as soon as possible.In order to take action under Section 18 (4), (5), (6), (7) and (8), the senior officer of the relevant competent official shall submit a copy of the memorandum about the description and rationale of the operation to a court with jurisdiction within forty eight (48) hours after the action has been taken as evidence thereof.

When copying computer data under Section 18 (4), and given that it may be done only when there is a reasonable ground to believe that there is an offence against the Act, such action must not excessively interfere or obstruct the business operation of the computer data's owner or possessor.

Regarding seizure or attachment under Section 18 (8), a relevant competent official must issue a letter of seizure or attachment to the person who owns or possesses that computer system as evidence. This is provided, however, that the seizure or attachment shall not last longer than thirty days. If seizure or attachment requires a longer time period, a petition shall be filed at a court with jurisdiction for the extension of the seizure or attachment time period. The court may allow only one or several time extensions, however altogether for no longer than sixty days.

When that seizure or attachment is no longer necessary, or upon its expiry date, the competent official must immediately return the computer system that was seized or withdraw the attachment.The letter of seizure or attachment under paragraph one shall be in accordance with a Ministerial Rule.

Section 20. If an offence under this Act is to disseminate computer data that might have an impact on the Kingdom's security as stipulated in Division 2 type 1 or type 1/1 of the Criminal Code, or that it might be contradictory to the peace and concord or good morals of the people, the competent official appointed by the Minister may file a petition together with the evidence to a court with jurisdiction to restrain the dissemination of such computer data.

If the court gives an instruction to restrain the dissemination of computer data according to paragraph one, the relevant competent official shall conduct the restraint either by himself or instruct the Service Provider to restrain the dissemination of such computer data.

Section 21. If a relevant competent official found that any computer data contains undesirable sets of instructions, a relevant competent official with the authority to prohibit the sale or dissemination of such, may instruct the person who owns or possesses the computer data to suspend the use of, destroy or correct the computer data therein, or to impose a condition with respect to the use, possession or dissemination of the undesirable sets of instructions.

The undesirable sets of instructions under paragraph one shall mean to include sets of instructions that cause computer data, a computer system or other instruction sets to be damaged, destroyed, corrected, changed, added, interrupted or, fail to perform according to pre-determined instructions or otherwise as required by a relevant Ministerial Rule, with the exception of sets of instructions aimed at preventing or correcting the foregoing sets of instructions as required by a Minister and published in the Government Gazette.

Section 22. A relevant competent official shall not disclose or deliver computer data, computer traffic data or service users' data acquired under Section 18 to any person.The provisions under paragraph one shall not apply to any actions performed for the benefit of lodging a lawsuit against a person who has committed an offence under this Act or for the benefit of lodging a lawsuit against a relevant competent official on the grounds of their abuse of authority or for action taken according to a court's instruction or permission.

Any competent official who violates paragraph one must be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht, or both.

Section 23. Any competent official who commits an act of negligence that causes a third party to know of computer data, computer traffic data or a service user's data acquired under Section 18 must be subject to imprisonment for no more than one year or a fine of not more than twenty thousand baht, or both.

Section 24. Any person knowing of computer data, computer traffic data or a service user's data acquired by a relevant competent official under Section 18 and disclosing it to any person shall be subject to imprisonment for no longer than two years or a fine of not more than forty thousand baht, or both.

Section 25. Data, computer data or computer traffic data that the competent official acquired under this Act shall be admissible as evidence under the provision of the Criminal Procedure Code or other relevant law related to the investigation, however, it must not be in the way of influencing, promising, deceiving or other wrongful ways.

Section 26. A service provider must store computer traffic data for at least ninety days from the date on which the data is input into a computer system. However, if necessary, a relevant competent official may instruct a service provider to store data for a period of longer than ninety days but not exceeding one year on a special case by case basis or on a temporary basis.

The service provider must keep the necessary information of the service user in order to be able to identify the service user from the beginning of the service provision, and such information must be kept for a further period not exceeding ninety days after the service agreement has been terminated.The types of service provider to whom the provisions under paragraph one shall apply and the timing of this application shall be established by a Minister and published in the Government Gazette.

A service provider who fails to comply with this Section must be subject to a fine of not more than five hundred thousand baht.

Section 27. If any person fails to comply with the instructions of court or relevant competent official under Section 18 or Section 20 or fails to comply with the court's instruction under Section 21 shall be subject to a fine of not more than two hundred thousand baht and a further daily fine of not more than five thousand baht until the relevant corrective action has been taken.

Section 28. Regarding the appointment of a competent official under this Act, the Minister shall appoint persons with knowledge of, and expertise in, computer systems and having the qualifications as required by the Minister.

Section 29. In performance of the duties under this Act, the competent official appointed by the Minister shall be an administrative officer or a senior police officer under the Criminal Procedure Code competent to receive a petition or accusation and be authorized to investigate only on an offence under this Act.

In arresting, controlling, searching, investigating, and filing a lawsuit against a person who commits an offence under this Act, and for what is within the authority of an administrative officer or a senior police officer, such competent officer shall coordinate with the relevant investigating officer in charge to take action within their authorized duties.

The Prime Minister is in charge of the Royal Thai Police Headquarters and with a Minister shall have a joint authority to establish a regulation with respect to the means and action-related procedures under paragraph two.

Section 30. In the performance of duties, a relevant competent official must produce an identity card to a relevant person.The identity card shall be as per the form required by a Minister and published in the Government Gazette.

Countersigned,

General Surayud Chulanont

PRIME MINISTER

Remark:- The rationale for the issue of this Act as of today is that a computer system is essential to business operations and the human way of life, as such, if any person commits an act that disables the working of a computer system according to the pre-determined instructions or that causes a working error - a deviation from that required by the pre-determined instructions or that resorts to any means to illegally know of, correct or destroy a third party's data contained in a computer system or that uses a computer system to disseminate false or pornographic computer data, then that act will damage and affect the country's economy, society and security including people's peace and good morals. Therefore, it is deemed appropriate to stipulate measures aimed at preventing and suppressing such acts. Hence the enactment of this Act.

('LAWS OF THAILAND | COMPUTER CRIME ACT 2007')
Note: English translations of the original Thai law texts are prepared for reference purposes only. Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

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B7.
– - –

RELATED: UK BRIBERY ACT 2010

LAWS OF THE UNITED KINGDOM

BRIBERY ACT 2010

CHAPTER 23

An Act to make provision about offences relating to bribery; and for connected purposes.

[8th April 2010]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

– - –

General bribery offences

1 Offences of bribing another person

(1) A person (“P”) is guilty of an offence if either of the following cases applies.

(2) Case 1 is where—

(a) P offers, promises or gives a financial or other advantage to another person, and 

(b) P intends the advantage— 

(i) to induce a person to perform improperly a relevant function or activity, or

(ii) to reward a person for the improper performance of such a function or activity. 

(3) Case 2 is where—

(a) P offers, promises or gives a financial or other advantage to another person, and (b)P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity.

(4) In case 1 it does not matter whether the person to whom the advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the function or activity concerned.

(5) In cases 1 and 2 it does not matter whether the advantage is offered, promised or given by P directly or through a third party.

– - –

2 Offences relating to being bribed

(1) A person (“R”) is guilty of an offence if any of the following cases applies.

(2) Case 3 is where R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another person).

(3) Case 4 is where—

(a) R requests, agrees to receive or accepts a financial or other advantage, and 

(b) the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity.

(4) Case 5 is where R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (whether by R or another person) of a relevant function or activity.

(5) Case 6 is where, in anticipation of or in consequence of R requesting, agreeing to receive or accepting a financial or other advantage, a relevant function or activity is performed improperly—

(a) by R, or 

(b) by another person at R's request or with R's assent or acquiescence.

(6) In cases 3 to 6 it does not matter—

(a) whether R requests, agrees to receive or accepts (or is to request, agree to receive or accept) the advantage directly or through a third party, 

(b) whether the advantage is (or is to be) for the benefit of R or another person.

(7) In cases 4 to 6 it does not matter whether R knows or believes that the performance of the function or activity is improper.

(8) In case 6, where a person other than R is performing the function or activity, it also does not matter whether that person knows or believes that the performance of the function or activity is improper.

– - –

3 Function or activity to which bribe relates

(1) For the purposes of this Act a function or activity is a relevant function or activity if—

(a) it falls within subsection (2), and 

(b) meets one or more of conditions A to C.

(2) The following functions and activities fall within this subsection—

(a) any function of a public nature, 

(b) any activity connected with a business, 

(c) any activity performed in the course of a person's employment, 

(d) any activity performed by or on behalf of a body of persons (whether corporate or unincorporate).

(3) Condition A is that a person performing the function or activity is expected to perform it in good faith.

(4) Condition B is that a person performing the function or activity is expected to perform it impartially.

(5) Condition C is that a person performing the function or activity is in a position of trust by virtue of performing it.

(6) A function or activity is a relevant function or activity even if it—

(a) has no connection with the United Kingdom, and 

(b) is performed in a country or territory outside the United Kingdom.

(7)In this section “business” includes trade or profession.

4 Improper performance to which bribe relates

(1) For the purposes of this Act a relevant function or activity—

(a) is performed improperly if it is performed in breach of a relevant expectation, and 

(b) is to be treated as being performed improperly if there is a failure to perform the function or activity and that failure is itself a breach of a relevant expectation.

(2) In subsection (1) “relevant expectation”—

(a) in relation to a function or activity which meets condition A or B, means the expectation mentioned in the condition concerned, and 

(b) in relation to a function or activity which meets condition C, means any expectation as to the manner in which, or the reasons for which, the function or activity will be performed that arises from the position of trust mentioned in that condition.

(3) Anything that a person does (or omits to do) arising from or in connection with that person's past performance of a relevant function or activity is to be treated for the purposes of this Act as being done (or omitted) by that person in the performance of that function or activity.


5 Expectation test

(1) For the purposes of sections 3 and 4, the test of what is expected is a test of what a reasonable person in the United Kingdom would expect in relation to the performance of the type of function or activity concerned.

(2) In deciding what such a person would expect in relation to the performance of a function or activity where the performance is not subject to the law of any part of the United Kingdom, any local custom or practice is to be disregarded unless it is permitted or required by the written law applicable to the country or territory concerned.

(3) In subsection (2) “written law” means law contained in—

(a) any written constitution, or provision made by or under legislation, applicable to the country or territory concerned, or 

(b) any judicial decision which is so applicable and is evidenced in published written sources.

– - –

Bribery of foreign public officials

6 Bribery of foreign public officials

(1) A person (“P”) who bribes a foreign public official (“F”) is guilty of an offence if P's intention is to influence F in F's capacity as a foreign public official.

(2) P must also intend to obtain or retain—

(a) business, or
(b) an advantage in the conduct of business.

(3) P bribes F if, and only if—

(a) directly or through a third party, P offers, promises or gives any financial or other advantage— 

(i) to F, or

(ii) to another person at F's request or with F's assent or acquiescence, and 

(b) F is neither permitted nor required by the written law applicable to F to be influenced in F's capacity as a foreign public official by the offer, promise or gift.

(4) References in this section to influencing F in F's capacity as a foreign public official mean influencing F in the performance of F's functions as such an official, which includes—

(a) any omission to exercise those functions, and
(b) any use of F's position as such an official, even if not within F's authority.

(5) “Foreign public official” means an individual who—

(a) holds a legislative, administrative or judicial position of any kind, whether appointed or elected, of a country or territory outside the United Kingdom (or any subdivision of such a country or territory),

(b) exercises a public function—

(i) for or on behalf of a country or territory outside the United Kingdom (or any subdivision of such a country or territory), or

(ii) for any public agency or public enterprise of that country or territory (or subdivision), or

(c) is an official or agent of a public international organisation.

(6) “Public international organisation” means an organisation whose members are any of the following—

(a) countries or territories, 

(b) governments of countries or territories, 

(c) other public international organisations, 

(d) a mixture of any of the above.

(7) For the purposes of subsection (3)(b), the written law applicable to F is—

(a) where the performance of the functions of F which P intends to influence would be subject to the law of any part of the United Kingdom, the law of that part of the United Kingdom, 

(b) where paragraph (a) does not apply and F is an official or agent of a public international organisation, the applicable written rules of that organisation, 

(c) where paragraphs (a) and (b) do not apply, the law of the country or territory in relation to which F is a foreign public official so far as that law is contained in—

(i) any written constitution, or provision made by or under legislation, applicable to the country or territory concerned, or

(ii) any judicial decision which is so applicable and is evidenced in published written sources.

(8) For the purposes of this section, a trade or profession is a business.

– - –

Other provisions about offences

12 Offences under this Act: territorial application

(1) An offence is committed under section 1, 2 or 6 in England and Wales, Scotland or Northern Ireland if any act or omission which forms part of the offence takes place in that part of the United Kingdom.

(2) Subsection (3) applies if—

(a) no act or omission which forms part of an offence under section 1, 2 or 6 takes place in the United Kingdom,

(b) a person's acts or omissions done or made outside the United Kingdom would form part of such an offence if done or made in the United Kingdom, and

(c) that person has a close connection with the United Kingdom.

(3) In such a case—

(a) the acts or omissions form part of the offence referred to in subsection (2)(a), and

(b) proceedings for the offence may be taken at any place in the United Kingdom.

(4) For the purposes of subsection (2)(c) a person has a close connection with the United Kingdom if, and only if, the person was one of the following at the time the acts or omissions concerned were done or made—

(a) a British citizen,

(b) a British overseas territories citizen,

(c) a British National (Overseas),

(d) a British Overseas citizen,

(e) a person who under the British Nationality Act 1981 was a British subject,

(f) a British protected person within the meaning of that Act,

(g) an individual ordinarily resident in the United Kingdom,

(h) a body incorporated under the law of any part of the United Kingdom,

(i) a Scottish partnership.

(5) An offence is committed under section 7 irrespective of whether the acts or omissions which form part of the offence take place in the United Kingdom or elsewhere.

(6) Where no act or omission which forms part of an offence under section 7 takes place in the United Kingdom, proceedings for the offence may be taken at any place in the United Kingdom.

(7) Subsection (8) applies if, by virtue of this section, proceedings for an offence are to be taken in Scotland against a person.

(8) Such proceedings may be taken—

(a) in any sheriff court district in which the person is apprehended or in custody, or 

(b) in such sheriff court district as the Lord Advocate may determine.

(9) In subsection (8) “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.

('LAWS OF THE UNITED KINGDOM | UK BRIBERY ACT 2010')

– – –
– - –
B8.
– - –

RELATED: UK FRAUD ACT 2006

LAWS OF THE UNITED KINGDOM

Fraud Act 2006

Fraud

1 Fraud 

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence). 

(2) The sections are— 

(a) section 2 (fraud by false representation), 

(b) section 3 (fraud by failing to disclose information), and 

(c) section 4 (fraud by abuse of position). 

(3) A person who is guilty of fraud is liable— 

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both); 

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both). 

(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months. 

– - –

2 Fraud by false representation 

(1) A person is in breach of this section if he— 

(a) dishonestly makes a false representation, and 

(b) intends, by making the representation—

(i) to make a gain for himself or another, or 

(ii) to cause loss to another or to expose another to a risk of loss. 

(2) A representation is false if—

(a) it is untrue or misleading, and   

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a) the person making the representation, or  

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

– - –

3 Fraud by failing to disclose information

A person is in breach of this section if he—

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and  

(b) intends, by failing to disclose the information—

(i) to make a gain for himself or another, or 

(ii) to cause loss to another or to expose another to a risk of loss.

– - –

4 Fraud by abuse of position

(1) A person is in breach of this section if he—

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person, 

(b) dishonestly abuses that position, and 

(c) intends, by means of the abuse of that position—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

– - –

5 “Gain” and “loss”

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) “Gain” and “loss”—

(a) extend only to gain or loss in money or other property;

(b) include any such gain or loss whether temporary or permanent; and “property” means any property whether real or personal (including things in action and other intangible property). 

(3) “Gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have. 

(4) “Loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.

– - – 

6 Possession etc. of articles for use in frauds

(1) A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud. 

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

– - –

7 Making or supplying articles for use in frauds

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article— 

(a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or 

(b) intending it to be used to commit, or assist in the commission of, fraud.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

– - – 

8 “Article”

(1) For the purposes of—

(a) sections 6 and 7, and

(b) the provisions listed in subsection (2), so far as they relate to articles for use in the course of or in connection with fraud, “article” includes any program or data held in electronic form.

(2) The provisions are— 

(a) section 1(7)(b) of the Police and Criminal Evidence Act 1984 (c. 60),

(b) section 2(8)(b) of the Armed Forces Act 2001 (c. 19), and 

(c) Article 3(7)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
(meaning of “prohibited articles” for the purposes of stop and search powers).

– - –

9 Participating in fraudulent business carried on by sole trader etc.

(1) A person is guilty of an offence if he is knowingly a party to the carrying on of a business to which this section applies. 

(2) This section applies to a business which is carried on—

(a) by a person who is outside the reach of [F1section 993 of the Companies Act 2006]F1(offence of fraudulent trading), and

(b) with intent to defraud creditors of any person or for any other fraudulent purpose.

(3) The following are within the reach of [F2that section]F2—

(a) a company [F3(as defined in section 1(1) of the Companies Act 2006)];

(b) a person to whom that section applies (with or without adaptations or modifications) as if the person were a company; 

(c) a person exempted from the application of that section.

(4) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

(5) “Fraudulent purpose” has the same meaning as in [F5that section]F5. 

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(7) Subsection (6)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

Annotations: 
Amendments (Textual) 
F1 Words in s. 9(2)(a) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by virtue of The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(2) (with art. 12)
F2 Words in s. 9(3) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(3)(a) (with art. 12)
F3 Words in s. 9(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2)Sch. 1 para. 257 (with art. 10)
F4 S. 9(4) repealed (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1)(3), Sch. 4 para. 111(4), Sch. 5 (with art. 12)
F5 Words in s. 9(5) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(5) (with art. 12)

10F6 Participating in fraudulent business carried on by company etc.: penalty
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: 
Amendments (Textual) 
F6 S. 10 repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10)

– - –

11 Obtaining services dishonestly

(1) A person is guilty of an offence under this section if he obtains services for himself or another— 

(a) by a dishonest act, and 

(b) in breach of subsection (2). 

(2) A person obtains services in breach of this subsection if— 

(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,  

(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and  

(c) when he obtains them, he knows— 

(i) that they are being made available on the basis described in paragraph (a), or 

(ii) that they might be, but intends that payment will not be made, or will not be made in full. 

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

('LAWS OF THE UNITED KINGDOM | UK FRAUD ACT 2006')

– – –
– - –
B9.
– - –

RELATED: UK CRIMINAL LAW ACT 1977

LAWS OF THE UNITED KINGDOM
Criminal Law Act 1977

PART I

CONSPIRACY

1 The offence of conspiracy.

[(1)F1 Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either— 

(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or 

(b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible, 

he is guilty of conspiracy to commit the offence or offences in question.] 

(1A)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

(1B)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

(2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) above unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place. 

(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

(4) In this Part of this Act “offence” means an offence triable in England and Wales F4. 

(5)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

(6)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: 
Amendments (Textual) 
F1 S. 1(1) substituted (with saving) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 5(1) 
F2 S. 1(1A)(1B)(5)(6) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 4(a)(c), Sch. 2 Pt.II (with s. 9(3)) 
F3 S. 1(3) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with Sch. 3 para. 2). 
F4 Words in s. 1(4) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 4(b), Sch. 2 Pt.II (with s. 9(3)). 
Modifications etc. (not altering text) 
C2 S. 1(1) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 242, 302.

– - –

[1AF5 Conspiracy to commit offences outside the United Kingdom.

(1) Where each of the following conditions is satisfied in the case of an agreement, this Part of this Act has effect in relation to the agreement as it has effect in relation to an agreement falling within section 1(1) above. 

(2) The first condition is that the pursuit of the agreed course of conduct would at some stage involve—

 (a) an act by one or more of the parties, or 

 (b) the happening of some other event,

intended to take place in a country or territory outside the United Kingdom.

(3) The second condition is that that act or other event constitutes an offence under the law in force in that country or territory. 

(4) The third condition is that the agreement would fall within section 1(1) above as an agreement relating to the commission of an offence but for the fact that the offence would not be an offence triable in England and Wales if committed in accordance with the parties’ intentions. 

(5) The fourth condition is that— 

(a) a party to the agreement, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

(b) a party to the agreement became a party in England and Wales (by joining it either in person or through an agent), or 

(c) a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement. 

(6) In the application of this Part of this Act to an agreement in the case of which each of the above conditions is satisfied, a reference to an offence is to be read as a reference to what would be the offence in question but for the fact that it is not an offence triable in England and Wales. 

(7) Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of this section, however it is described in that law. 

(8) Subject to subsection (9) below, the second condition is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the agreed course of conduct, the condition is not in their opinion satisfied,

(b) showing their grounds for that opinion, and 

(c) requiring the prosecution to show that it is satisfied. 

(9) The court may permit the defence to require the prosecution to show that the second condition is satisfied without the prior service of a notice under subsection (8) above.  

(10) In the Crown Court the question whether the second condition is satisfied shall be decided by the judge alone, and shall be treated as a question of law for the purposes of—  

(a) section 9(3) of the M1Criminal Justice Act 1987 (preparatory hearing in fraud cases), and 

(b) section 31(3) of the M2Criminal Procedure and Investigations Act 1996 (preparatory hearing in other cases).  

(11) Any act done by means of a message (however communicated) is to be treated for the purposes of the fourth condition as done in England and Wales if the message is sent or received in England and Wales.

(12) In any proceedings in respect of an offence triable by virtue of this section, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence. 

(13) References in any enactment, instrument or document (except those in this Part of this Act) to an offence of conspiracy to commit an offence include an offence triable in England and Wales as such a conspiracy by virtue of this section (without prejudice to subsection (6) above).  

(14) Nothing in this section—  

(a) applies to an agreement entered into before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed, or   

(b) imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.]

Annotations:
Amendments (Textual)
F5 S. 1A inserted (4.9.1998) by 1998 c. 40, s. 5(1).
Marginal Citations 
M1 1987 c. 38. 
M2 1996 c. 25.

– - –

2 Exemptions from liability for conspiracy.

(1) A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence if he is an intended victim of that offence. 

(2) A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence or offences if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions, that is to say— 

(a) his spouse;

(b) a person under the age of criminal responsibility; and 

(c) an intended victim of that offence or of each of those offences. 

(3) A person is under the age of criminal responsibility for the purposes of subsection (2)(b) above so long as it is conclusively presumed, by virtue of section 50 of the M3Children and Young Persons Act 1933, that he cannot be guilty of any offence.

Annotations: 
Marginal Citations 
M3 1933 c. 12.

– - –

3 Penalties for conspiracy.

(1) A person guilty by virtue of section 1 above of conspiracy to commit any offence or offences shall be liable on conviction on indictment— 

(a) in a case falling within subsection (2) or (3) below, to imprisonment for a term related in accordance with that subsection to the gravity of the offence or offences in question (referred to below in this section as the relevant offence or offences); and

(b) in any other case, to a fine.

Paragraph (b) above shall not be taken as prejudicing the application of [F6section 127 of the Powers of Criminal Courts (Sentencing) Act 2000] (general power of court to fine offender convicted on indictment) in a case falling within subsection (2) or (3) below. 

(2) Where the relevant offence or any of the relevant offences is an offence of any of the following descriptions, that is to say—

(a) murder, or any other offence the sentence for which is fixed by law; 

(b) an offence for which a sentence extending to imprisonment for life is provided; or 

(c) an indictable offence punishable with imprisonment for which no maximum term of imprisonment is provided,

 the person convicted shall be liable to imprisonment for life. 

(3) Where in a case other than one to which subsection (2) above applies the relevant offence or any of the relevant offences is punishable with imprisonment, the person convicted shall be liable to imprisonment for a term not exceeding the maximum term provided for that offence or (where more than one such offence is in question) for any one of those offences (taking the longer or the longest term as the limit for the purposes of this section where the terms provided differ). 

In the case of an offence triable either way the references above in this subsection to the maximum term provided for that offence are references to the maximum term so provided on conviction on indictment.

Annotations: 
Amendments (Textual) 
F6 Words in s. 3(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 55

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4 Restrictions on the institution of proceedings for conspiracy.

(1) Subject to subsection (2) below proceedings under section 1 above for conspiracy to commit any offence or offences shall not be instituted against any person except by or with the consent of the Director of Public Prosecutions if the offence or (as the case may be) each of the offences in question is a summary offence. 

(2) In relation to the institution of proceedings under section 1 above for conspiracy to commit—  

(a) an offence which is subject to a prohibition by or under any enactment on the institution of proceedings otherwise than by, or on behalf or with the consent of, the Attorney General, or 

(b) two or more offences of which at least one is subject to such a prohibition, subsection (1) above shall have effect with the substitution of a reference to the Attorney General for the reference to the Director of Public Prosecutions.  

(3) Any prohibition by or under any enactment on the institution of proceedings for any offence which is not a summary offence otherwise than by, or on behalf or with the consent of, the Director of Public Prosecutions or any other person shall apply also in relation to proceedings under section 1 above for conspiracy to commit that offence.  

(4) Where—  

(a) an offence has been committed in pursuance of any agreement; and 

(b) proceedings may not be instituted for that offence because any time limit applicable to the institution of any such proceedings has expired, proceedings under section 1 above for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.

[(5)F7 Subject to subsection (6) below, no proceedings for an offence triable by virtue of section 1A above may be instituted except by or with the consent of the Attorney General.  

(6) The Secretary of State may by order provide that subsection (5) above shall not apply, or shall not apply to any case of a description specified in the order.  

(7) An order under subsection (6) above— 

(a) shall be made by statutory instrument, and 

(b) shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.]

Annotations: 
Amendments (Textual) 
F7 S. 4(5)-(7) added (4.9.1998) by 1998 c. 40, s. 5(2).

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5 Abolitions, savings, transitional provisions, consequential amendment and repeals.

(1) Subject to the following provisions of this section, the offence of conspiracy at common law is hereby abolished. 

(2) Subsection (1) above shall not affect the offence of conspiracy at common law so far as relates to conspiracy to defraud, . . . F8. 

(3) Subsection (1) above shall not affect the offence of conspiracy at common law if and in so far as it may be committed by entering into an agreement to engage in conduct which— 

(a) tends to corrupt public morals or outrages public decency; but 

(b) would not amount to or involve the commission of an offence if carried out by a single person otherwise than in pursuance of an agreement. 

(4) Subsection (1) above shall not affect—

(a) any proceedings commenced before the time when this Part of this Act comes into force;

(b) any proceedings commenced after that time against a person charged with the same conspiracy as that charged in any proceedings commenced before that time; or 

(c) any proceedings commenced after that time in respect of a trespass committed before that time;

but a person convicted of conspiracy to trespass in any proceedings brought by virtue of paragraph (c) above shall not in respect of that conviction be liable to imprisonment for a term exceeding six months.

(5) Sections 1 and 2 above shall apply to things done before as well as to things done after the time when this Part of this Act comes into force, but in the application of section 3 above to a case where the agreement in question was entered into before that time—

(a) subsection (2) shall be read without the reference to murder in paragraph (a); and

(b) any murder intended under the agreement shall be treated as an offence for which a maximum term of imprisonment of ten years is provided. 

(6) The rules laid down by sections 1 and 2 above shall apply for determining whether a person is guilty of an offence of conspiracy under any enactment other than section 1 above, but conduct which is an offence under any such other enactment shall not also be an offence under section 1 above.

(7) Incitement . . . F9 to commit the offence of conspiracy (whether the conspiracy incited . . . F9 would be an offence at common law or under section 1 above or any other enactment) shall cease to be offences. 

(8) The fact that the person or persons who, so far as appears from the indictment on which any person has been convicted of conspiracy, were the only other parties to the agreement on which his conviction was based have been acquitted of conspiracy by reference to that agreement (whether after being tried with the person convicted or separately) shall not be a ground for quashing his conviction unless under all the circumstances of the case his conviction is inconsistent with the acquittal of the other person or persons in question. 

(9) Any rule of law or practice inconsistent with the provisions of subsection (8) above is hereby abolished. 

(10)X1 In section 4 of the M4Offences against the Person Act 1861— 

(a) the words preceding “Whosoever” shall cease to have effect; and 

(b) for the words from “be kept” to “years” there shall be substituted the words “imprisonment for life”. 

(11)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: 
Editorial Information 
X1 The text of ss. 5(10)(11), 15(2), 17, 30(1)(2), 31(10), 32(3), 46, 49, 52, 57, 63(1), 65(4)(5), Sch. 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 
Amendments (Textual) 
F8 Words repealed by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 12(2) 
F9 Words repealed by Criminal Attempts Act 1981 (c. 38, SIF 39:1), Sch. Pt. I 
F10 S. 5(11) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 (with Sch. 3 para. 2). 
Marginal Citations 
M4 1861 c. 100.

('LAWS OF THE UNITED KINGDOM | UK CRIMINAL LAW ACT 1977')

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The NINE QUESTIONS Blog will return with more facts.
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