- Cases, Computer Crime Act, Section 112
Anchan : Sharing Banpodj’s audio clips
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
Anchan works as a top-level government officer and also has online business. She was arrested by armed military officers at her house on 25 January 2015 and was accused of uploading and publicizing Banpodj's audio clips with lèse majesté content for 29 counts. Anchan denied and fight the case in the court.
The military court did not allow her on bail given that this is a case with severe penalty and the offense was committed under Martial Law. She was detained at Women Correctional Institution for more than 3 years before got bail in the late of 2019.
In July 2019, Head of NCPO issued order no. 9/2019 transfered civilian cases that are trial in the military court including this case to the Court of Justice to continue with the proceeding.
The Criminal Court began the trial in January 2020 and set the date for witnesses examination in December 2020. In the first hearing, Anchan plead guilty. The court then cancelled the witnesses examination. On 19 January 2021, the Criminal Court found Anchan guilty in total 29 counts of Lese Majeste offense, offense under Computer-related Crime Act section 14(1), (3) and (5). The court gave Anchan 87 years prison sentence. Since Anchan plea guilty the court then decrese her sentences by half, sentence to 29 year and 174 months. This is the highest penalty under lese majeste that has been recorded.
Defendant Background
Anchan is a high-ranking government officer. She also has a direct sales business on the internet.
Offense
Allegation
In the 27-page statement of accusation that the military prosecutor submitted to Bangkok Military Court, Anchan was accused of importing 'Banpodj' audio clips to Youtube for 26 times and Facebook for 3 times during 12 November 2014 – 24 January 2015. Anchan was prosecuted for 29 counts.
The military prosecutor requested the military court to punish Anchan under lease majeste law in the Section 112 of Criminal Code and Section 14 of Computer-related Crimes Act and also requied the court to confiscated all of her computers and equipments.
Circumstance of Arrest
On 25 January 2015, Anchan was arrested by five plaincloth soilders along with five soilders wearing uniform with firearm at her residence. While being arrested, many of her friends were at presence.
A lawyer from Thai Lawyer for Human Rights (TLHR) said that the military seiged Anchan's assets such as computer, i-Pad for examining.
Trial Observation
Black Case
Court
Additional Info
Anchan's elder brother and ex-subordinate said that Anchan has told that her Facebook was hacked. So she believed that she was picked on.
Reference
25 January 2015
The military arrested Anchan at her residence. While being arrested, many of her friends were at presence but the military took only Anchan into the car.
About 9.00 PM, a Anchan's ex-subordinate went to the Provost Marshal General Department to inquire for Anchan but the officer denied the Anchan was not there.
30 January 2015
About 3.45 PM, officers from Department of Special Investigation (DSI) took Anchan to the Bangkok Military Court for requesting for the first pre-trial detention. The court granted.
Anchan's elder brother submitted the bail requst with cash deposit in sum of 400,000 baht. The court didn't grant because this case has severe punishment and the act happened under the period of matial law. If the court granted a provisional release, the court was concerned that she might flee.
Anchan was remanded in custody at Institution for Female Offenders.