Page:พรบ แก้ไขเพิ่มเติม ปอ (๒๗) ๒๕๖๒.pdf/3

 As for the offence prescribed in paragraph 1, if it is committed by a person aged not over eighteen years against a child whose age is above thirteen years but still not over fifteen years with the consent of that child, the court having the power to try juvenile and family cases may consider implementing the welfare protection for the child victim or the offender according to the law on child protection instead of imposing a punishment. In making consideration, the court shall also take into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of the offender and the child victim, relationships between the offender and the child victim, or other suitable causes for the benefit of the child victim.

In the event that the welfare protection under the law on child protection has been implemented for the child victim or the offender, the offender is no longer required to be punished. But if the said welfare protection is unsuccessful, the court may punish the offender more lightly in any degree than that designated by the law for the offence. In making consideration, the court shall also take into account the causes according to paragraph 5."

The stipulations of section 277bis of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations:

""If the commission of the offence under section 276, paragraph 1, or section 277, paragraph 1 or paragraph 2, causes the victim—

to undergo serious harm, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or life imprisonment;

to die, the offender shall be punished with death or life imprisonment.""

The stipulations of section 277ter of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 20), 2550 BE, shall be repealed and replaced by the following stipulations:

""If the commission of the offence under paragraph 276, paragraph 3, or section 277, paragraph 4, causes the victim—

to undergo serious harm, the offender shall be punished with death or imprisonment for life;

to die, the offender shall be punished with death.""

The following stipulations shall be inserted in the Penal Code as paragraph 2, paragraph 3, and paragraph 4 of section 278: