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N Cal Attorney
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Hijack , according to Thai Law, is charged by which articles

Resolved Question:

Hijack , according to Thai Law, is charged by which articles: Air Travel BE 2521 (AD 1978) Article 4,5; BE 2497 (AD 1954) Article 4, 27,72 or BE 2498 (AD 1955) Article 9? What is the minimum and maximum sentence for hijack?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 3 years ago.
The maximum penalty for hijacking an aircraft in Thailand is death, see
http://download1074.mediafire.com/gthxwj031tpg/2ijm3zfzojf/SG+1990+report+on+death+penalty+B.pdf
If that link does not work, try this:
http://webcache.googleusercontent.com/search?q=cache:8uMZi3MFBbcJ:www.mediafire.com/%3F2ijm3zfzojf+thailand+law+hijack+aircraft&cd=7&hl=en&ct=clnk&gl=us&client=safari&source=www.google.com

It is not in the Aviation Act, see
http://www.aviation.go.th/Thailaw/AviationActE.pdf
and I cannot find it in the new Criminal Code, see
http://thailaws.com/law/t_laws/tlaw50001.pdf

BE 2498 is called the Radio Communications Act, see
http://eng.ntc.or.th/index.php/act-and-regulation/thailand-telecommunication-acts-of-legislation/31-radio-communications-act-be-2498-1955-.html

BE 2497 is the Land Code,
http://www.thailawforum.com/database1/Thailand-Land-Code.html

Thailand is a party to CONVENTION
FOR THE SUPPRESSION OF
UNLAWFUL SEIZURE OF AIRCRAFT
which provides
Each Contracting State undertakes to make the offence punishable by severe penalties.
From
http://www.aviation.go.th/airtrans/airlaw/UnlawfulSeizure.html#1

I cannot find the minimum sentence on line, but you can contact the Department of Civil Aviation, see
http://www.aviation.go.th/template/contactDCA_en.htm
or a criminal defense lawyer in Thailand, see
http://www.hg.org/law-firms/Criminal-Law/Thailand.html

I hope this information is helpful
Customer: replied 3 years ago.
<p>I'm not satisfied with this reply. Please just say:</p><p>Hijack is charged by which act, which article of Thai criminal law and what is the range of sentence for hijack? For example from 10, 20 years to death sentence? I need an exact reply like that, especially an original excerpt of hijack charge from Thai Law.</p><p>Thanks </p>
Expert:  N Cal Attorney replied 3 years ago.
Criminal Code 135/1 seems to cover this and carries a minimum sence of 3-20 years.

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;

From
http://www.samuiforsale.com/index.php/thailand-penal-code.html
Customer: replied 3 years ago.

I was charged with Hijack and imprisoned in Thailand in 2000-2007. The Accusation Appendix is as follow:

As the defendant has offended against the significance mentioned in the accusation. I deemed, it is an offense against the law under the following articles: That is, the Act regarding the offense against some respects of Air Travel BE 2521 (AD1978) Article 4,5. The Act of Air Travel BE 2497 (AD 1954) Article 4,27, 72(Tawi). The Act of Air Travel (Issue N.2, BE 2498 (AD1955) Article 9. The Immigration Act BE 2522 (AD1979), Article4,5,11,18,62. Crimional Code, Article 33,34,91,309. Amendment Act to Criminal Code (Issue N.6) BE 2526 (AD1983) Article 4.

And I used these Article to defend myself:

1. Condition I: Actus Reus

Article1 (a): Any person who on board an aircraft in flight (a) unlawfully by force, or

threat thereof, or by any other form of intimidation, seizes or exercises the control of that aircraft, or (b) is accomplice of a person who performs or attempts to perform any such act, commits an offense .

2. Condition II: Mens Rea Or Mental Condition

Article 3 (3): This Convention shall only apply if the place of take-off or the place of landing of the aircraft, on which the offense is committed, is situated outside the territory of the state other than the state of registration of that aircraft; it shall be immaterial whether the aircraft is engaged on an international or domestic flight .

So I need something with term: HIJACK, not general term like Terrorism.

Expert:  N Cal Attorney replied 3 years ago.
Were you charged in 2000 or 2007 or both? The Codes keep getting amended so I have to ask what year the alleged crime took place.
Customer: replied 3 years ago.
I was arrested on 11/17/2000, brought to the court since 2001 and got sentence on 11/17/2003 and freed in 2007.
Customer: replied 3 years ago.
You search LY TONG and can read many articles about my story. I was charged wrongly because I gave Thai Instructor $15,000.00 for his cooperation to fly to Vietnam to drop leaflets calling people to uprise. I want to sue Thaksin for his colaboration with communist Vietnam to put me in jail and mostly to extradite me to Vietnam if there was no coup d'etat to overthow him in 2006.
Expert:  N Cal Attorney replied 3 years ago.
My opinion is that Thaksin would be protected by sovereign immunity because he was acting as Prime Minister at the time this happened. And Thaksin is a fugitive anyway-

In 2008, Thaksin was found guilty in a Thai court of corruption and sentenced in absentia to two years imprisonment. As of today, he has yet to serve the sentence, and remains a fugitive
From
http://en.wikipedia.org/wiki/Thaksin_Shinawatra

If you want to try to sue Thaksin in Thailand, you can find Thai attorneys listed at
http://www.hg.org/law-firms/Personal-Injury/Thailand.html

It would be difficult to overcome the sovereign immunity defense, but it is also likely that you would obtain a default judgment since the defendant is in hiding and unlikely to appear in court.

I hope this information is helpful.
Customer: replied 3 years ago.
But you forgot to give me the law to charge for hijack, not terrorism.
Expert:  N Cal Attorney replied 3 years ago.
The new Criminal Code took effect in 2003 and repealed the former Penal Code. But I cannot find air piracy or hijacking listed in either of them.

The ATA section 27:
Section 27. No aircraft, other than foreign aircraft, shall fly out of the Kingdom unless with the permission in writing of the Minister.

*Section 72 bis. Any aircraft commander who violates section 27 shall be punished by a fine not exceeding fifty thousand baht and imprisonment for a period not exceeding ten years.

http://www.aviation.go.th/Thailaw/AviationActE.pdf

I am unable to find the amendment act to the criminal code on line.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8091
Experience: Since 1983
N Cal Attorney and 5 other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 3 years ago.
Thank you for accepting my answer.

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