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Case
Case name
Name of persons / Name of Media
Wichai
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Judgment / End of trial
Status of Accused
Sentenced to prison
Offense / order
Article 14 (1) Computer Related Crime Act, Article 14 (3) Computer Related Crime Act, Article 14 (5) Computer Related Crime Act, Article 112 Criminal Code, Article 326 / 328 Criminal Code
Summary
Whichai, 33-year-old was accused under Lèse-majesté for creating a fake facebook account with somone's name and picture and posting messages deemed to be a defamation to the King. He was arreasted on December 2016.
Wichai firstly denied all chages and wanted to defend his case but later changed his mind and confessed because the trial took too long. Bangkok Military Court sentenced him to 30 years and 60 months.
Background of accused
Wichai was 33 years old when he was arrested. He is from Chiang Mai, and graduated from the industrial management department, faculty of business administration at a private university in Chiang May. He worked for a private company.
Legal Claims
Lèse-majesté
-
Form of restriction on freedom
Charge filed
-
Type of media
Social Network
-
Province
Bangkok
-
Court
Bangkok Military Court
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Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
Court: ศาลทหารกรุงเทพ No: 61/2559
On 22 December 2015, police from Region 5 and police from the Technology Crime Suppression Division (TCSD) arrested Wichai under an arrest warrant from Bangkok Military Court No.65/2015 at a carpark of a dormitory in Chiang Mai. They found 3 mobile phones as evidence. After detaining Wichai and informing him of his charges at the police station of Region 5, Wichai denied all charges. Officers then took Wichai to the office of TCSD in Bangkok to be interrogated on 23 December 2015. Later Wichai was detained at Thung Song Hong Police Station.
22 December 2015
Prachatai reported that Pol. Col. Tawatchai Pongwiwattanachai and some police officers arrested Wichai under an arrest warrant from Bangkok Military Court from a carpark of a dormitory in Chiang Mai. The arrest happened after one Facebook user reported to the police that someone used his name to create a Facebook account and posted messages which was deemed to insult the King. As the Facebook user was afraid that he would be arrested and prosecuted, he then decided to report to the TCSD police that he did not post such messages.
Officers transferred Wichai to an inquiry officer at the TCSD headquarters before detaining him at the Thung Song Hong Police Station.
Thai Lawyers for Human Rights (TLHR) reported that an inquiry officer from TCSD took Wichai to the Bangkok Military Court to request for a provisional detention for 12 days.
Deposition Examination
Thai Lawyers for Human Rights (TLHR) reported that Bangkok Military Court started the trial by reading the complaint to Wichai. The defendant denied all charges. The Court then scheduled for an evidence examination on 18 October 2016.
After the verdict was announced, the lawyer revealed that the court dismissed the charge under the Computer-related Crimes Act Section 14(1) for creating a fraudulent Facebook account with another individual’s name and photo ID. The court stated that Section 14(1) has already been amended and the complaint submitted by the military prosecutor did not fit into the elements of the new version of the Act. The act of the defendant posting 10 lese majeste messages on Facebook, the court punished him separately for 10 counts, with 7 years in prison for each count. The defendant confessed so the penalty was commuted to half to 3 years and 6 months for each count. Thus, the defendant was sentenced for 30 years and 60 months.