Court: Article 112 is constitutional | Bangkok Post: breakingnews

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Court: Article 112 is constitutional

The Constitution Court on Wednesday ruled that Article 112 of the Criminal Code, the lese majeste law, is constitutional.

The ruling was made following a request by Somyos Prueksakasemsuk and Ekachai Hongkangwan, defendants in lese majeste cases.

The request, submitted through the Criminal Court, asked the Constitution Court to rule whether Article 112 of the Criminal Code contradicts Sections 3, 8, 29 and 45 of the constitution.

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  • howell

    ThailandPost : 1,661

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    Discussion 12 : 11 Oct 2012 at 23.1312

    @hillfarang. I thought he was in Dubai because he is on the run from the law ?

  • Discussion 11 : 11 Oct 2012 at 10.3911

    D@4 "Bec. the real PM has his office in Dubai.
    In what other country would that be constitutional?"

    "... in Dubai because of the illegal, unconstitutional military coup!!?!!"

  • Discussion 10 : 11 Oct 2012 at 09.5810

    @mitrapaap Disc. 9 You are right, people need to be responsible and accountable for what they say and what they do. Rights also come with duties. Freedom of speech doesn't mean freedom to slander. But at the end of the day, Thai ruling class needs to trust the people instead of fearing them. Suppressing free speech is a sign of social weakness and immaturity.

  • Discussion 9 : 11 Oct 2012 at 08.119

    Siamitude D7: did you forget to include something? - responsibility.

  • Discussion 8 : 11 Oct 2012 at 07.238

    "The Constitution Court unanimously ruled that Article 112 is designed to ... maintain ... morality.

    Not very successfully if I look at today's politicians.

  • Discussion 7 : 11 Oct 2012 at 07.147

    Freedom of speech, religion and thought for every Thai is long overdue.

  • Discussion 6 : 11 Oct 2012 at 05.496

    The ruling simply shows that the CC knows which side their bread is buttered. That is besides the point. The key point is that Article 112 does not define what constitutes "defamation" or "insult".

    Since the criminal code itself has not been clearly defined on purpose, can the CC therefore give us some insight into how judges arrived at the judgments and periods of sentencing? Can they also please clarify the reasons as to why Article 112 is deliberately kept vague and not properly defined.

    Case in point, the death of Ah Gong in jail for supposedly sending insulting messages to the PA of the draft dodger can be technically disputed. A rogue politician who wants to pretend to be loyal to the institution could easily have someone's phone setup to be charge under 112 later. Piece of cake.

  • Discussion 5 : 11 Oct 2012 at 02.125

    A just government should neither fear criticism nor stifle free discourse.

  • Discussion 4 : 10 Oct 2012 at 19.114

    Did anyone expect another ruling ?
    I am still waiting for a court ruling on the current gov. legality.
    Bec. the real PM has his office in Dubai.
    In what other country would that be constitutional ?

  • Discussion 3 : 10 Oct 2012 at 17.333

    It may be a contradiction but it's an important law as far as they are concerned so there should be no problem.

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