Educational Information Only
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Disclosure of Classified Security Information in Thailand
Unauthorized disclosure or possession of classified national security information.
Official Information Act Section 20, Criminal Code Section 124
Up to 10 years imprisonment (espionage-related: up to death penalty)
severe
Definition
Unauthorized disclosure or possession of classified national security information. Under Thai law, this offence is classified as a severe offence within the category of National Security.
Legal Basis
Official Information Act Section 20
Primary legislative provision for disclosure of classified security information offences.
Criminal Code Section 124
Primary legislative provision for disclosure of classified security information offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Classified or restricted information
Unauthorized disclosure, transmission, or possession
Information relating to national security or defence
Penalties
Maximum Penalty
Up to 10 years imprisonment (espionage-related: up to death penalty)
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Authorized access and disclosure
Information already in public domain
Whistleblower protection (limited applicability)
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreigners involved in security information leaks face the most severe penalties. Espionage charges can carry the death penalty.
When Legal Representation Matters
If you are accused of disclosure of classified security information or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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