Cases, Computer Crime Act, Section 112

“Ness”: Dissemination of fake statement

Latest Update: 02/12/2016

Defendant

“์Ness” is a nickname of Krit

Case Status

Judgment / End of trial

Case Started

2015

Complainant / Plaintiff

The Technology Crime Suppression Division’s officers are the inquiry officers of this case.

"Ness" is a third year student at Faculty of computer electronics and industrial technology. "Ness" was accused of posting a fake Royal Statement on facebook. He was arrested on 3 February 2015 and charged with Lèse majesté and Section 14(5) of Computer Crime Act.

The Bangkok Military Court sentencted Nirand to 2 years 6 months in prison and suspended the prison term for 3 years.

Defendant Background

“Ness” is the nickname of Krit who has been arrested at the age of 26. He was a student in the Faculty of Computer Industry, he was also a musician and his hometown is in Mueang district, Phetchabun province.

Under the name of the main red-shirt faction of Phetchabun, “Ness” had been attending the demonstrations of The United Front for Democracy against Dictatorship (UDD).

Offense

Article 14 (5) Computer Related Crime Act, Article 112 Criminal Code

Allegation

2 February 2015, at 9.33 PM, “Ness” had posted the royal statement on the facebook by not knowing that it is the fake one. The content inside was deemed to violate the Lèse-majesté law under Article 112 of the Criminal Code and was deemed to be disseminating the false computerdata into a computer system according to Section 14(5) of the Computer Crime Act 2007.

Circumstance of Arrest

3 February 2015, around 2 AM, the officers from The Technology Crime Suppression Division (TSCD) and more than 20 military officers from Pho Khun Pha Muaeng Military Camp arbitrarily got into a house of “Ness” when his parents and his girlfriend were inside. The officers took photos and seized 3 mobile phones and a computer. After that, “Ness” was taken to Phetchabun police station for investigation and then to the 11th Infantry Regiment King’s Bodyguard at Bangkok in the same night.

Trial Observation

No information

Black Case

No information

Court

Bangkok Military Court

Additional Info

Apart from "Ness", Nirand, who had been charged with Lese Majeste from the publicizing of the fake statement of the Bureau of Royal House Hold was also sentenced to 2 years and 6 months with 3 years suspension.

Reference

Cover Photo by Thanarak Khunton/ Bangkok Post

3 February 2015

Around 2 AM, the officers from The Technology Crime Suppression Division (TSCD) and more than 20 military officers from Pho Khun Pha Mueang Military Camp arbitrarily got into a house of “Ness” when his parents and his girlfriend were inside. The officers took photos and seized 3 mobile phones and a computer. After that, “Ness” was taken to Phetchabun police station for investigation and then to the 11th Infantry Regiment King’s Bodyguard at Bangkok in the same night.

4 February 2015

Matichon online reported that Pol.Lt.Gen. Prawut Thavornsiri, Assistant Commissioner-General and Royal Thai Police spokesman, had revealed that the police officers could arrested the one who made the fake royal statement No. 13, it has already spread through the online media and now the officers have detained him at the 11th Infantry Regiment King’s Bodyguard for investigation.

5 February 2015

Winyat Chatmontree, the lawyer of The United Front for Democracy against Dictatorship (UDD), after meeting with the Staff Judge Advocate from the 11th Infantry Regiment King’s Bodyguard, revealed that Mr. Jatuporn Prompan, President of the UDD had entrusted him with a duty to take the case of “Ness” because the UDD and the family of “Ness” thought that he faced several injustices. It is necessary for “Ness” to have a lawyer in order to fight the charges. If not, how can they be sure that he has not been forced or deprived of his Human Rights and Freedom. But the staff of Judge Advocate did not allow the lawyer to meet him for the reason that “Ness” was detained for 7 days in the control of the military officers under the Martial Law.

9 February 2015

The officers took “Ness” to further investigation at Thung Song Hong police station.

10 February 2015

Prachatai reported that at the Bangkok Military Court, in the afternoon, the police officers took “Ness” for a request for the provisional detention. Later, Winyat Chatmontree, the lawyer of “Ness” said that the court had waived the request opposing the provisional detention because there has been a need to examine more witnesses and to check technical evidences as well. So he was detained for the first provisional detention for 12 days. Eventhought the inquiry officers did not oppose the bail but his family could not have adequate securities for bail. Thus, he was taken to be detained at the Bangkok Remand Prison.

“We may need to wait for the final decision on a provisional release of another accused in this case, that how the court considered on it. So it can be the way to get a provisional release for the accused when he has adequate securities or cash for bail.” said the lawyer.

13 February 2015

The Manager online reported that the family of “Ness” submitted the request for bail to the military court with cash 400,000 Baht. At the same day, the court waived the request since the inquiry officers did not go to the court on that day. The court so could not ask for any information and was afraid that the accused would flee.

17 February 2015

A lawyer from Thai Laeyers for Human Rights (TLHR) informed that "Ness" was allowed on provisional released with 400,000 bahr cash as a security.

19 October 2015

The examination of witnesse for the prosecution

The Bangkok Military Court scheduled for a witness examination at 8.30 AM. Prior to the proceeding "Ness" decided to change his plea from not guilty to guilty plea. During the proceeding, the court asked "Ness" again if he decided to change his plea, Ness said yess.

The court then cancel the witness examination and read the verdict, the court found "Ness" guilty under Lese Majeste Law and sentenced him to 5 years in prison. Due to his guilty plea, his actual sentence was mitigated to 2 years and 6 months. The court also order to suspend his prison sentence for the period of 3 years.

The verdict of this case was similar to a verdict of Niran's case. Niran, a website editor, was charged with Lese majeste for publicized the fake statement on ASTV Manager website. However, he immediately took it out of the web soon after he noticed the mistake. Niran's verdict came out on 29 September 2015, about 3 weeks before verdict of "Ness" case.

Verdict

Summary of the verdict of the Court of the First Instance

The court found the defendant guilty under Lese Majeste and under Computer-related Crime Act, considered as one offense violating serveral provision of laws, sentence with the provision of law that provided the heaviest sentence.

The defendant shall be sentence to 5 years in prison under the Article 112 of the Criminal Code. The defnedant pleaded guilty the sentence shall be mitigated to 2 years and 6 months.

Given the age and the circumstance of offense where the defendant tried to recover the damage, the sentence shall be suspend for the period of 3 years.

Note

Since this case was under the jurisdiction of the Military Court during the martial law was enforced, the verdict of the Military Court then cannot be appeal

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