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  • Cases, Computer Crime Act, Section 112

Akaradej: Student of Mahanakorn University of Technology

Latest Update: 02/12/2016

Defendant

Akaradej

Case Status

Judgment / End of trial

Case Started

2014

Complainant / Plaintiff

No information

Table of Content

Akaradej, a university student was accused to post a message that likely to be an offense against the article 112 of the Criminal Code on Facebook. The case was reported to the police since March 2014.

Akaradej was arrested after the coup on 18 June 2014, we was placed under custody at the Bangkok Remand Prison since 20 June 2014. He filed bail petition several times but the petitions were always dismissed by the court. Initially, Akaradej intended to fight the case but later change to plea guilty.     

On 4 November 2014, the Criminal Court sentenced Akaradej to 5 years in prison under Lese majeste law. The sentence was however mitigated to 2 years and 6 months due to his guilty plea. The court sentenced Akaradej without suspension as the circumstance was severe. 

While serving his sentence, Akaradej serving time was cut, he was released from the bangkok Remand Prison on 23 June 2016 after serving for 2 years and 6 months.

Defendant Background

The accused is the forth years student  at the Faculty of Engineer, Mahanakorn University of Technology. He was 24 when he was arrested. 

Offense

Article 14 (1) Computer Related Crime Act, Article 14 (2) Computer Related Crime Act, Article 14 (3) Computer Related Crime Act, Article 14 (4) Computer Related Crime Act, Article 14 (5) Computer Related Crime Act, Article 112 Criminal Code

Allegation

The accused posted Lèse majesté massage on facebook account “Naa Dom Kor Rak Nai Luang Na” (Naa Dom also loves the King). 

Circumstance of Arrest

On 18 June 2014, more than 10 policemen from Sutthisan Police Station brought an arrest warrant to the accused's house in Nong chok area. The police arrested him and confiscated his mobile as well as desktop computer as exhibits. He was taken  to Sutthisan Police station for an investigation.   
 

Trial Observation

No information

Black Case

อ.12915/2557

Court

Criminal Court

Additional Info

No information

Reference

No information
March 2014
 
In the late of March, an individual who resided under the jurisdiction of Sutthisan Police Station reported to the police that there was a massage on the facebook that  seem to be a Lèse majesté message. The individual who reported the case also show the evidence which proved that the accused was the person who posted a message.  
 
18 June 2014
 
The accused was arrested
 
20 June 2014
 
After his arrest, the accused was investigated and detained at the Sutthisan Police Station for 2 nights before he was taken to the Criminal Court to request for a temporary detention. The inquiry officer did not oppose if the accused wish to request for the temporary release. 
 
After the inquiry officers submitted the request for provisional detention, the accused's father submitted the request for temporary release with cash deposit in the sum of 150,000 THB.  
 
The court however denied to grant the accused  temporary release given that his case was about spread of information through the internet, the accused is a student in University he should be matured while acted. The case is severe, the accused may flee if he is release.       
 
After the court dismissed the request for temporary release,  the accused was detained for a temporary detention at the Bangkok Remand Prison.
 
11 September 2014
 
Charge filed
 
The prosecutor filed lese majeste charge and the charge under the Computer-related Crime Act against the defendant before the court.

The defendant request the court to postpone the first hearing (the first testimony deny or plead guilty) because he need more time to consult with his lawyer concenrning the direction of his case.

The court then set the schedule for the "reconciliation discussion" on 30 September 2014

 
30 September 2014
 
Reconcilation Discussion
 
The defendant went to the court, accompanied by his father and the lawyer. The "reconcilation discussion" were conducted confidentially, observer were not allow to go inside. The defense lawyer revealed later that the defendant already pleaded guilty, the court will hand down the verdict on the 4th November 2014.    
 
4 November 2014
 
Verdict Reading
 
At 10.00 AM, the court began to read a verdict of Akaradej's case. The verdict was read in a reconciliation center of the Criminal Court, Ratchada instead of the court room. In the room, there were also defendants from other cases. Akaradej's verdict was read before the court proceeded with other cases.
 
The court did not read the whole verdict but only read offense, sentences and mitigation. The court found the defendant guilty under the article 112 of the Criminal Code as well as under the article 3 and the article 14 of Computer-relataed Crime Act.
 
The offence was an offence against several provisions of the law, the previous prescribing the heaviest punishment shall be applied to the offender.
 
Akaradej was sentenced to 5 years under the article 112 of the Criminal Code. Since the defendant pleaded guilty, his sentence was mitigated by half, he was sentenced to 2 years and 6 months.
 
Since the defendant insulted the king by means of publication. His sentence shall not be suspend as it was a grave threat     
 
The court also confiscated CPU, Router, and desktop computer as exhibits. 
 
23 June 2016

Akaradej was released from the Bangkok Remand Prison around 11 a.m. after serving his sentence for 2 years and 3 days. While he was serving his sentence his sentence was reduced. As a result he was released around 6 month before complete his initial 2 years and 6 months prison term.  

 

Verdict

No information

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