Hot! The Anti-Trafficking in Persons Act

The Anti-Trafficking in Persons Act
B.E 2551 (2008)
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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3 The Measures in Prevention and Suppression of Trafficking in Women and Children Act, B.E. 2540 (1997) shall be repealed.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.

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