Nut : Deflying NCPO order

Latest Update: 18/01/2017

Defendant

Nut

Case Status

Judgment / End of trial

Case Started

2014

Complainant / Plaintiff

No information

Table of Content

Nat was arrested again on 28 June 2014 on the charge not reporting which is a violation of NCPO order no. 41/2557. The Dusit Municipal Court sentenced him for 1 month and 10 days without suspension because he was imprisoned before.
 
Later, the Court of Appeal sentenced him to 4,000 baht fine but for the court dismissed the prison sentence under Criminal Code Section 55 because this is not a severe crime and the defandant did not flee.

Defendant Background

Nut was sentenced under Article 112 of the Criminal Code and under Section 14 of the Computer-related Crime Act. He was accused to send emails which had Lèse-majesté content to the third person. The Court found Nut guilty on 3 counts, sentenced him to 3 years for each count together 9 years. However, the court mitigated his penalties each count by half on the ground that the defendant pleaded guilty. Nut was sentenced to 3 years and 18 months. Nut was released from the Bangkok Remand Prison on 19 April 2012 prior to his serving period. His sentence was suspend as he had good behavior.     

Offense

Defying NCPO order 41/2014

Allegation

The NCPO order no. 5 and 53 summoned Nut to report. However, he did not report on the mentioned date. Later, he became subject of arrest warrant for not complied with summon orders. Penalties for his offense were imprisonment for not exceeding 2 years or a fine of not exceeding than 40,000 Baht or both.

Circumstance of Arrest

Nut was arrested twice, On 7 June 2014, the military and the police broke in to Nut's condominium and arrested him as he failed to complied with the NCPO order. He was interrogated and detained for 7 days. 

Later on 28 June 2014 the Police broke in to Nut's condominium, arrested him then transfered him to the Crime Suppression. Nut told the police at the Crime Suppression Division that he already informed the police at Samsen Police Station that he will give him self in on 30 June 2014. The police at the Crime Suppression Division then released him.  

Trial Observation

No information

Black Case

อ.1649/57

Court

Dusit Municipal Court

Additional Info

No information

Reference

No information
7 June 2014
Nut was arrested at his condominium
 
14 June 2014
Nut was released from the military camp around 5 PM after he had been held for 7 days. When Nut returned to his condominium, he found an arrest warrant issued by the Bangkok Military Court. 
 
The warrant was issued after Nut failed to complied with the NCPO Summon Order. The penalties for such offense were imprisonment for not exceeding 2 years or a fine of not exceeding 40,000 Baht or both. 
 
28 June 2014
Nut was arrested for the second time. He was released after he told the police at the Crime Suppression Division that he already informed the police at Samsen Police Station that he will give him self in. 
 
30 June 2014
Nut went to Samsen Police Station to give him self in around 8.30 a.m. He refused an accusation, the police then requested the Dusit District Court to issue a detention order. The court however, refuse to authorized the order given that Nut showed no intention to flee. The court also order Nut to report when the prosecutor file the charge.
 
23 July 2014
Nut posted a message on his personal facebook account stated that the public prosecutor had filed the charge against him. The court set the date for a preliminary hearing on 2 September 2014.
 
17 December 2014
 
Dusit District Court scheduled a hearing of testimonies at 9.30 am. The defendant asked to change his previous plea in which he declined all charges to plea guilty. The court asked the public prosecutor whether he would like to objected the change or not. The public prosecutor did not object. The court thus allowed the defendant to change to plea guilty.      
 
The court ordered a review of the defendant's conduct. The court asked the probation officer to report to the court within 30 days and scheduled to read a verdict on 22 January 2015 at 9 am.
 
22 January 2015
 
At 9 am, Dusit District Court scheduled to read a verdict. The court decided that Nut was guilty and was to be imprisoned for 2 months. The court added 20 days on top since the court found that Nut used to be guilty of violating 112 Article in the past. However, the court reduced the punishment by half to 1 month 10 days because Nut pleaded guilty.
 
Nut submitted an appeal with a request for the court to suspend the punishment. The defense lawyer asked for a bail out with 40,000 Baht cash. The court sent his request to the Court of Appeal. Nut was sent to prison for the day.
 
Nut's case was heard in civilian court (instead of military court) because Nut's criminal action occurred before the National Council for Peace and Order (NCPO) declared the special jurisdiction of the military court. Nut's case was the first case on rejecting a call to report that was considered in civilian court after the coup.
 
26 January 2015
 
Matichon reported that the court approved bail at 40,000 Baht cash. Nut was released from Bangkok's Special Prison at 8 pm.
 
 
17 September 2015
 
Dusit Kwang Court read a verdict. The Court imposed a fine of 4,000 Baht lessened to 2,000 after pleading guilty. The imprisonment punishment of 1 month 10 days, which was lessened from 2 months 20 days by pleading guilty, was dropped in accordance with Section 55 of Thai Criminal Code provides. Secction 55 stated that if the imprisonment, of which the offender must be inflicted, is only for three months or less, the less imprisonment may be determined by the Court, or such imprisonment may be repealed and only fine may still be made.
 
The Court of first instant imposed a penalty of imprisonment of 1 month and 10 days for failing to report under a summon of NCPO. After the violations, Nut was not unlikely to flee. The Court ,therefore, considered that the penalty of imprisonment is unduly severe. The fine was increased into 3,000 baht and the penalty under Section 92 was increased into 4,000 baht fine. The penalty also lessened by half due to pleading guilty. Nut’s imprisonment penalty was dropped in accordance with Section 55.
 
This is the first time that Section 55 of Thai Criminal Code was applied with a political case in order to drop the punishment of imprisonment and impose solely the fine.  
 
After the Court read a verdict, the correctional officer, the court clerk, the observers and Nut himself are not likely certain that the defendant was imposed the imprisonment punishment or not. they 
consulted with other officers as well as had a recheck on Thai Criminal Code.
 

Verdict

No information

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