Thai Criminal Jurisdiction over National Security Offences Committed Abroad Despite Prior Foreign Conviction
The act committed by John constituted an offence against the national security of the Kingdom of Thailand. Accordingly, the Thai courts retain jurisdiction to prosecute and punish John within the Kingdom, notwithstanding the fact that he had already been convicted and punished by a court in the United States of America.
This is because the restriction under Section 10 of the Thai Penal Code does not extend to offences falling within Section 7(1) of the Penal Code, which concerns offences relating to the security of the State. Therefore, prior punishment by a foreign court does not bar subsequent prosecution and punishment by Thai courts in respect of such offences.
In the present case, John secretly took a confidential document concerning security cooperation between Thailand and the United States, intending to sell it for personal gain. Such conduct directly affects the external security and interests of the Kingdom and thus constitutes an offence against the security of the State under Thai criminal law. Consequently, Thai courts are legally empowered to impose punishment upon John again within the Kingdom.