Bribery of a Public Official
Mr. Chai intended to participate in a civil service entrance examination. Due to the high number of applicants, he feared failure and approached Mr. Chom, a public official, offering a sum of 200,000 Baht in exchange for assistance in securing a passing result. Mr. Chom agreed to accept the offer, although in fact he provided no assistance. After successfully passing the examination on his own merit, Mr. Chai nevertheless paid the agreed amount to Mr. Chom, who accepted the money.
Issue:
Whether the act of offering and accepting money under these circumstances constitutes a criminal offense.
Applicable Law and Analysis:
Mr. Chai’s act of offering money to a public official with the intent to induce the official to act unlawfully constitutes an offense under Section 144 of the Thai Penal Code, regardless of whether the official actually performed any act. The offense is complete upon the act of offering with corrupt intent.
Mr. Chom, as a public official, commits an offense under Section 149 of the Thai Penal Code by agreeing to accept and subsequently receiving the money for an unlawful purpose, even though no actual assistance was rendered.
The fact that Mr. Chai ultimately passed the examination without assistance does not negate the criminal liability, as the essential element lies in the corrupt agreement and intent.