Police Officer for Demanding an Improper Benefit in Exchange for Release of an Offender
Criminal Liability of a Police Officer for Demanding an Improper Benefit in Exchange for Release of an Offender
During a nighttime patrol, Police Lance Corporal Dech, a police officer acting within the scope of his official duties, stopped at a restaurant to have a meal. While dining, he observed Mr. Joi carrying a legally registered firearm into the restaurant without a permit authorizing public carry. Recognizing that such conduct constituted an offense under Thai firearms law, Police Lance Corporal Dech arrested Mr. Joi and seized the firearm as evidence.
However, after finishing his meal, instead of proceeding with the lawful arrest procedure and forwarding the suspect to the inquiry official for prosecution, Police Lance Corporal Dech returned the seized firearm to Mr. Joi and demanded that Mr. Joi pay for his meal in the amount of 200 Baht as consideration for his release. Mr. Joi complied and paid the requested amount, whereupon Police Lance Corporal Dech released him without further legal action.
Under these facts, Police Lance Corporal Dech incurs criminal liability under Section 149 of the Thai Penal Code for being a public official who unlawfully demands or accepts property or any other benefit in consideration for exercising or refraining from exercising his official functions. Although the amount involved was merely the cost of a meal, the act constituted an abuse of official authority for personal gain. The essential element of the offense lies in the wrongful demand for a benefit connected to the exercise of official power, namely the release of an offender and the omission of lawful prosecution.
The conduct of returning the firearm and refraining from taking Mr. Joi into legal custody in exchange for payment clearly demonstrates corrupt intent and unlawful exploitation of official authority. Accordingly, the act satisfies all legal elements of the offense prescribed under Section 149 of the Penal Code.
This principle was affirmed by the Supreme Court of Thailand in Decision No. 410/2524, which held that a police officer who demanded payment or other benefit in exchange for releasing an offender and refraining from prosecution commits the offense of malfeasance and unlawful acceptance of benefits by a public official under Section 149 of the Penal Code.