King Ananda Mahidol

Court Rules Protection Extends to Former Monarchs

The Supreme Court upheld a sentence of 3 years and 4 months without parole for "Wuttipat" in a Section 112 case regarding his comments on the death of King Rama VIII. The court ruled that the law's protection extends to former monarchs to prevent legal loopholes that could impact public sentiment and national security, making him one of the growing number of political prisoners currently detained.
February 19, 2026

On February 18, 2026, at 9:00 AM, the Samut Prakan Provincial Court scheduled the reading of the Supreme Court's judgment in the case of "Wuttipat" (pseudonym), a 31-year-old company employee from Ayutthaya Province. He was charged with "Lèse-majesté" under Section 112 of the Criminal Code and Section 14 (3) of the Computer Crimes Act for posting a comment in the Facebook group "Royalist Marketplace" on June 2, 2020. The content concerned the passing of King Rama VIII and questioned the execution of three defendants in the regicide case, whom he believed were innocent. The Supreme Court deliberated and found that the Court of Appeal Region 1’s interpretation of the term "The King" to include former monarchs was consistent with the objectives of Section 112. Therefore, the defendant’s actions fulfilled the elements of the offense under both Section 112 and Section 14 (3) of the Computer Crimes Act. The defendant's appeal was dismissed, and the court upheld the sentence of 3 years and 4 months in prison without parole.

The journey of this legal battle began when "Siwaphan Manitkun," a private citizen, filed a complaint against Wuttipat at Bang Kaeo Police Station in Samut Prakan. This complainant is known to have filed Section 112 charges against at least nine other individuals. Initially, Wuttipat received a witness summons dated October 16, 2020, and attended the meeting alone. The following year, on March 6, 2021, he was summoned as a suspect. He met with investigators without a lawyer and initially confessed to all charges during the investigation stage. Subsequently, on July 19, 2021, the public prosecutor indicted Wuttipat, alleging that his post defamed King Rama IX and caused damage to the honor of both the current monarch and the institution of the monarchy.

During the witness hearings held between March 1–2, 2022, the defendant changed his plea to not guilty, arguing that his actions did not meet the legal criteria of Section 112, which he contended protects only the reigning monarch. On March 25, 2022, the Samut Prakan Provincial Court initially acquitted him of the Section 112 charge, ruling that the law specifically protects four positions currently in power, and thus the act lacked the necessary legal elements. However, the court found him guilty under Section 14 (1) of the Computer Crimes Act—a charge not originally filed by the prosecutor—sentencing him to one year, reduced to 8 months without parole due to useful testimony. Both parties appealed. On April 27, 2023, the Court of Appeal Region 1 reversed the acquittal on Section 112, ruling that defaming a former King affects the current King and that a narrow interpretation would allow for continued harassment of the institution. The court sentenced him to 5 years, reduced to 3 years and 4 months.

On the day of the final verdict in Courtroom 16, Wuttipat arrived with his family, appearing anxious. The Supreme Court's ruling concluded that Section 112 is a matter of national security, intended to protect the reputation of the King as the head of state and a pillar of stability. The court stated that because the Thai people remain deeply bonded to and revere King Rama IX, as evidenced by national holidays and memorial rites, defaming a deceased monarch still impacts public sentiment and national security. The court argued that interpreting the law to exclude former monarchs would create a legal loophole and destroy the public's faith in the institution. Following the reading, Wuttipat embraced his family in a somber atmosphere before being handcuffed and taken to Samut Prakan Central Prison. This case, lasting over 5 years and 4 months, brings the number of political prisoners in Thailand to at least 60, with at least 33 being held under Section 112.

Read more here: https://tlhr2014.com/archives/81821

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