[Apologies that there have been so few posts over the past week. Both Nicholas and I have been travelling. The following message from the Thai Netizen Network was one of many that I found in my inbox.]

The case of Internet user, Mr.Suwicha Thakhor, who was arrested on January 14, 2009, has been detained in KlongPrem prison, and denied bail twice. Eventually, he was prosecuted to the court by public prosecutor on March 26, 2009. Since the accused has pleaded guilty therefore no trial will be taken. The verdict is scheduled on April 3, 2009 at 9 am. onwards at the Criminal Court, Ratchadapisek Road. This will be the first verdict against Internet user under Computer Crime Act 2007 which related to act against national security. The accusation based on serious charges related to three major laws.

2007 Constitution Article 8, 9

Section 8. The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action.

Section 9. The King is a Buddhist and Upholder of religions.

Penal Code Article 33, 83, 91, 112

Section 112. Whoever defames, insult or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.

Section 33. For the forfeiture of a property, the Court shall besides having the power to forfeit under the law as specially provided for that purpose, have the power to forfeit the following properties also, namely: (1) a property used or possessed for use in the commission of an offence by a person; or (2) a property acquired by a person through the commission of an offence. Unless such property belongs to the other person who does not convince at the commission of the offence.

Section 83. In case of any offence is accrued by commission of the person as from two persons upwards, such accomplishes deemed to be principals shall be punished as provided by the law for such offence.

Section 91. If it appears that any offender has committed the several distinct and different offences, the Court may inflict upon such offender the punishment prescribed for each offence. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination:

(1) ten years in case of the severest offence to have the rate of the maximum punishment of imprisonment not exceeding three years;

(2) twenty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding three years upwards, but not more than ten years;

(3) fifty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding three years upwards, unless in the case where the Court inflicts upon the offender the punishment of imprisonment for life.

Computer Crime Act 2007 Article 3, 14, 16

Sections 14(1), 14(3), 14(5) of the 2007 Computer Crime Act, which pertain to crimes which “involve import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to that third party or the public; that involves import to a computer system of any computer data related with an offence against the Kingdom’s security under the Criminal Code; that involves the dissemination or forwarding of computer data already known to be computer data [which are illegal].