Thailand

Last reviewed 01 June 2017

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: Yes

Laws

Applicable laws

Thai Penal Code (1956)

Applicable key wording

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 ..."

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017