Thailand Immigration Act B.E.2522 (Sections 61-84)

Chapter 8

Penalty

 

Section 61. Whoever fails to comply with the summons under Section 10 shall be punished by a fine not exceeding five thousand baht.

 

Section 62. Whoever fails to comply with the provisions of Sections 11 or 18, paragraph two, shall be punished by imprisonment for not exceeding two years and a fine not exceeding twenty thousand baht. If the person committing an offense under this paragraph is a Thai national, the offender shall be punished by a fine not exceeding two thousand baht.

 

Section 63. Whoever leads or brings an alien into the Kingdom, or supports, assists, or facilitates an alien in making an entry into the Kingdom in violation of this Act, shall be punished by imprisonment for not exceeding ten years and a fine not exceeding one hundred thousand baht.

 

The owner or person in charge of a conveyance who fails to comply with the provisions of Section 23, and who has an alien entering the Kingdom in violation of this Act on the conveyance, shall be presumed to have committed the offense mentioned in this paragraph, unless it can be proven that the owner or person in charge was unaware of the alien’s presence despite having taken reasonable care.

 

Section 64. Whoever, knowing of any alien entering the Kingdom in violation of this Act, harbors, hides, or assists the alien in evading arrest, shall be punished by imprisonment for not exceeding five years and a fine not exceeding fifty thousand baht.

 

Whoever harbors an alien entering the Kingdom in violation of this Act shall be presumed to be aware that the alien has entered in violation of this Act, unless it can be proven that the person was unaware despite having taken reasonable care.

 

If the offense under this paragraph is committed to assist a parent, child, spouse, or spouse of the offender, the court may choose not to impose a punishment.

 

Section 65. Any owner or person in charge of a conveyance who fails to comply with the provisions of Section 23 shall be punished by imprisonment for not exceeding five years, a fine not exceeding fifty thousand baht, or both.

 

Section 66. Any owner or person in charge of a conveyance who fails to comply with the provisions of Sections 25, 26, paragraph one, or 27 (2) shall be punished by imprisonment for not exceeding ten years, a fine not exceeding ten thousand baht, or both.

 

Section 67. Any owner or person in charge of a conveyance who fails to comply with the provisions of Section 27 (1), paragraph one, or fails to facilitate the competent official under the provisions of Section 27 (3) shall be punished by a fine not exceeding twenty thousand baht.

 

Section 68. Any owner or person in charge of a conveyance who fails to comply with the provisions of Section 28, paragraph one, shall be punished by a fine not exceeding ten thousand baht.

 

Section 69. Any owner or person in charge of a conveyance who fails to comply with the provisions of Section 28, paragraph two, shall be punished by a fine not exceeding ten thousand baht for each crew member of the conveyance who was not turned over to the competent official.

 

Section 70. If any conveyance carries an alien passenger who is prohibited under Section 12 (1) into the Kingdom, the owner or person in charge of that conveyance shall be punished by a fine not exceeding twenty thousand baht for each alien.

 

Section 71. Any owner or person in charge of a conveyance who fails to comply with the order given by the competent official under Section 29, paragraph one, shall be punished by imprisonment for not exceeding five years and a fine not exceeding fifty thousand baht.

 

If non-compliance with this provision causes an alien to escape, the owner or person in charge shall be punished by imprisonment for not exceeding ten years and a fine not exceeding one hundred thousand baht.

 

Section 72. Any alien who escapes from a conveyance, or while being transferred to any destination as instructed by the competent official, or while under detention or custody by the competent official under this Act, shall be punished by imprisonment for not exceeding two years, a fine not exceeding twenty thousand baht, or both.

 

Section 73. Any owner or person in charge of a conveyance who fails to comply with the order given by the competent official under Section 30 shall be punished by imprisonment for not exceeding five years, a fine not exceeding fifty thousand baht, or both.

 

Section 74. Whoever fails to comply with the provisions of Sections 31 or 32 shall be punished by a fine not exceeding ten thousand baht.

 

Section 75. Any alien who fails to comply with the provisions of Section 37 (1) shall be punished by imprisonment for not exceeding one year, a fine not exceeding ten thousand baht, or both.

 

Section 76. Any alien who fails to comply with the provisions of Section 37 (2), (3), (4), or (5) shall be punished by a fine not exceeding five thousand baht and a daily fine of not exceeding two hundred baht until full compliance.

 

Section 77. Whoever fails to comply with the provisions of Section 38 shall be punished by a fine not exceeding two thousand baht. If the person is a hotel manager, the punishment shall be a fine ranging from two thousand baht to ten thousand baht.

 

Section 78. Whoever fails to comply with the provisions of Section 49 shall be punished by a fine not exceeding one thousand baht.

 

Section 79. Any owner, person in charge of a conveyance, or person issuing tickets, documents, or evidence who fails to comply with the order given by the competent official under Section 56 shall be punished by imprisonment for not exceeding six months, a daily fine not exceeding five hundred baht until the alien has left the Kingdom, but the total fine shall not exceed fifty thousand baht, or both.

 

Section 80. Whoever destroys or defaces an order given by the competent official under Section 56, paragraph two, with the intent to prevent the owner, person in charge of the conveyance, or person issuing the tickets, documents, or evidence from knowing of the order, shall be punished by a fine not exceeding five thousand baht.

 

Section 81. Any alien staying in the Kingdom without permission, or with expired or revoked permission, shall be punished by imprisonment for not exceeding two years, a fine not exceeding twenty thousand baht, or both.

 

Section 82. Any alien who fails to comply with, resists, or refuses to acknowledge the order of the Minister, the Commission, the Director-General, or the competent official designated by the Commission under this Act shall be punished by a fine not exceeding five thousand baht. If the order mentioned is a repatriation order, the alien shall be punished by imprisonment for not exceeding two years and a fine not exceeding twenty thousand baht.

 

Section 83. In cases where an offender to be penalized under this Act is a juristic entity, its managing director, manager, or representative shall be penalized by the same punishment provided for the offense, unless it is proven that they did not collude in the commission of the offense by the juristic entity.

 

Section 84. For all offenses under this Act, except for offenses under Sections 62, paragraph one, 63, 64, 71, and 82, paragraph two, a Settlement Committee shall be established. The Committee will consist of the Police Director-General or a representative, the Public Prosecutor Director-General or a representative, and the Commander of the Immigration Division or a representative. The Settlement Committee shall have the power to compound matters and authorize the inquiry official or the competent official to carry out settlement on its behalf. The Committee may prescribe criteria or conditions for settlement as deemed appropriate.

 

Upon payment of a fine as compounded for settlement, it shall be deemed that the case has been settled in accordance with the Criminal Procedure Code.

 

 

The English language translation is provided for research and educational purposes only.
Persons with legal problems in Thailand are advised to contact a licensed lawyer,
US Immigrant Visas Thailand

 

 

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