Page:New penal code of Siam (Masao T, 1908).pdf/1



The name of a great monarch often goes down to posterity in connection with some great law-book. That of the Emperor Justinian, who had been a great general, is handed down to us more in connection with his famous Codes than in connection with any of his great wars. Napoleon is now remembered equally well in connection with warfare as in connection with codification, but as time goes on, the glories of his famous wars will fade into obscurity and the time will come when, as in the case of Justinian, Napoleon’s name will be remembered more in connection with his famous Codes than in connection with his famous wars. It may then be said that the recent promulgation of the Penal Code for the Kingdom of Siam was an event of no small significance to His Majesty, King Chulalongkorn of Siam. Indeed, any one who reads His Majesty’s preamble to the Penal Code cannot fail to be impressed with the deep appreciation His Majesty has of the importance of the steps His Majesty is taking in regard to the enactment of this Code and other Codes that are to follow. Incidentally, also, His Majesty gives in that preamble such a faithful history of this Code and of general codification in Siam, that the following extract may not be out of place here by way of historical introduction:

“We, Chulalongkorn, King of Siam and of all its Dependencies, being desirous to revise and improve the laws of Our Kingdom, hereby proclaim as follows:

“In the year 116 of the Ratanakosindra Era (A. C. 1897), the work of examining into the state of the existing laws, old and new, with a view to reform and codification was ordered to be commenced, and entrusted by Us to the following special Royal Commission: Our son, the Prince of Rajburi, Minister of Justice, (President); Our brother, the Krom Luang Bijit Prijakorn, former Minister of Justice; Phya Praja Kitkorachak, then Chief Justice of the Civil Court; Chao Phya Abhai Raja