8 December 2011
The Anti-Trafficking in Persons Act
B.E 2551 (2008)
…………………………
BHUMIBOL ADULYADEJ, REX.
Given on the 30 Day of January B.E. 2551 (2008);
Being the 63rd Year of the Present Reign
His Majesty King Bhumibol Adulyadej is graciously pleased
to proclaim that:
Whereas it is expedient to revise the law on the0 Measures in
Prevention and Suppression of Trafficking in Women and Children;
This Act contains certain provisions in relation to the
restriction of rights and liberties of persons, in respect of which section
29, in conjunction with section 32, section 33, section 34, section 35,
section 36, section 41 and section 45 of the Constitution of the Kingdom
of Thailand so permit by virtue of law;
His Majesty the King, by and with the advice and consent of
the National Legislative Assembly, is graciously pleased to enact an Act
as follows:
Section 1 This act is called the "Anti-Trafficking in Persons
Act B.E 2551".
Section 2 This Act shall come into force after one hundred
and twenty days from the date of its publication in the Government
Gazette.
Section 3 The Measures in Prevention and Suppression of
Trafficking in Women and Children Act, B.E. 2540 (1997) shall be
repealed.
Section 4 In this act
"Exploitation" means seeking benefits from the prostitution,
production or distribution of pornographic materials, other forms of
sexual exploitation, slavery, causing another person to be a beggar, forced
labour or service, coerced removal of organs for the purpose of trade, or
any other similar practices resulting in forced extortion, regardless of
such person's consent.
"Forced labour or service" means compelling the other
person to work or provide service by putting such person in fear of injury
to life, body, liberty, reputation or property, of such person or another
person, by means of intimidation, use of force, or any other means
causing such person to be in a state of being unable to resist.
"Organized Criminal Group" means a structured group of
three or more persons, notwithstanding being formed permanently or
existing for a period of time, and no need to have formally defined roles
for its members, continuity of its membership or a developed structure,
acting in concert with the aim of committing one or more offences
punishable by a maximum imprisonment of four years upwards or
committing any offence stipulated in this Act, with the aim to unlawfully
obtain, directly or indirectly, property or any other benefit.
"Child" means any person under eighteen years of age.
"Fund" means the Anti-Trafficking in Persons Fund.
"Committee" means the Anti-Trafficking in Persons
Committee.
"Member" means a member of the Anti-Trafficking in
Persons Committee.
"Competent Official" means a superior administrative or
police official including a government official holding a position not
lower than level 3 of an ordinary civil servant, appointed by the Minister, from the person who possesses qualifications specified in the Ministerial
Regulation, to perform the duty under this Act.
"Minister" means the Minister having charge and control of
the execution of this Act.
Section 5 The President of the Supreme Court and the
Minister of Social Development and Human Security shall have charge
and control of the execution of this Act, in relations to their respective
authorities.
The President of the Supreme Court shall have the power to
issue Standing Orders and the Minister of Social Development and
Human Security shall have the power to appoint competent officials and
issue Ministerial Regulations and Rules for the execution of this Act.
The Standing Orders issued by the President of the Supreme
Court, Ministerial Regulations and Rules shall come into force upon their
publication in the Government Gazette.
CHAPTER 1
General Provision
………………………..
Section 6 Whoever, for the purpose of exploitation, does
any of the following acts:
(1) procuring, buying, selling, vending, bringing from or
sending to, detaining or confining, harboring, or receiving any person, by
means of the threat or use of force, abduction, fraud, deception, abuse of
power, or of the giving money or benefits to achieve the consent of a
person having control over another person in allowing the offender to
exploit the person under his control; or
(2) procuring, buying, selling, vending, bringing from or
sending to, detaining or confining, harboring, or receiving a child;
is guilty of trafficking in persons.
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