Thailand

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Thailand
Whether Specific law enacted: 
No
Number of people prosecuted: 
None known
Number of people convicted: 
None known
Applicable law: 

Thai Penal Code (1956)

Key wording in the law: 

Criminal Liability

Discussion: 

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

In addition, it is also an offence to attempt to carry out an offence, per Section 80 of the Penal Code which provides that "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 ..."

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no laws or restrictions affecting entry or long-term stays of people living with HIV/AIDS.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

Yes