Instigators and Co-Perpetrators in a Contract Killing Resulting in the Death of a Police Officer During the Performance of Official Dutie
In a murder-for-hire scheme, Mr. Jiew employed Mr. Yai to kill Mr. Lek. Mr. Yai accepted the assignment; however, on the day of the offense, he became ill and instructed Mr. To and Mr. Berm, his subordinates, to carry out the killing in his place. Mr. To drove a motorcycle while Mr. Berm rode as a passenger to Mr. Lek’s residence. Mr. Berm entered the house and fired a shot at Mr. Lek. The bullet struck Mr. Lek and, in the same trajectory, also hit Police Corporal Joi, who was on duty at a nearby police post, causing him serious injury and resulting in his death.
Under these circumstances, Mr. Berm and Mr. To are criminally liable for attempted murder with premeditation under Section 289(4) in conjunction with Section 80 of the Thai Penal Code, and jointly liable for the murder of a public officer acting in the course of his duty under Section 289(2). The offenses constitute a single act violating multiple provisions of law. The case does not fall within the doctrine of transferred malice or aberratio ictus.
Mr. Yai, as the person who instructed Mr. To and Mr. Berm to commit the offense, is liable as a principal by instigation pursuant to Section 84 of the Thai Penal Code and shall receive the same punishment as the direct perpetrators. Likewise, Mr. Jiew, who initially employed Mr. Yai to carry out the murder, is also liable as an instigator and subject to punishment equivalent to that imposed upon the principal offenders.