Bangkok Legal Service

The accused, who had completed only Grade 3 education and was legally disqualified from standing for election as a Member of the House of Representatives, nevertheless submitted an application for candidacy in a provincial constituency. In the application form personally completed and filed with the Provincial Governor — the competent official responsible for examining the qualifications of candidates — the accused falsely represented himself as holding the rank of Second Lieutenant in the Royal Thai Army. During the official qualification inquiry, the accused further caused such false statement to be officially recorded in the examination memorandum, despite fully knowing that he possessed no such military rank. Moreover, the photograph submitted together with the application depicted the accused unlawfully wearing a military uniform bearing the insignia of a Second Lieutenant, without lawful authority. The accused intentionally delivered such photograph to the Provincial Governor as supporting evidence for the candidacy registration and for public display so as to induce public belief in the authenticity of his purported military status. Relying upon the false representations and documentary evidence presented, the Provincial Governor accepted the application for registration.

The acts of the accused constitute the offense of making a false statement to a competent official under Section 137 of the Thai Penal Code, by knowingly submitting false information in the election application. Furthermore, by causing the official to record false statements regarding his military rank in an official governmental document, the accused committed the offense under Section 267 of the Thai Penal Code concerning the procurement of false entries in official documents. In addition, the unlawful wearing of a military uniform and unauthorized use of military rank constitute separate offenses under the provisions governing the illegal use of military insignia and rank under the Thai Penal Code. These principles are consistent with the ruling of the Supreme Court of Thailand in Decision No. 2752/2519.