Thanitsak: Shared Bunpodj’s audio clip

Latest Update: 01/02/2017

Defendant

Thanitsak

Case Status

Judgment / End of trial

Case Started

1969

Complainant / Plaintiff

No information

Table of Content

Thanitsak or 'Neng Jungnup' was arrested on 25 April 2015. He was accused of being a part of a group who produce and distribute audio clips of Bunpodj.

In December 2015, Thanitsak pleaded guilty before the Bangkok Military Court during deposition examination. The court sentenced him to 8 years in prison but mitigated to 4 years due to his guilty plea. 

Defendant Background

Thnitsak was also known as 'Neng Jungnhup'. Before being arrested, he was 50 years old and was a assistant photographer at a news agency.

Offense

Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code

Allegation

The military prosecutor’s complaint addressed that during 2010 and 28 January 2015, Thanitsak and other 12 defendants in 'Bunpodj Network' case have committed the offence together, which could be implied as a network, by recording an audio clip with pseudonym of Banpodj. The defendant of theis case downloaded the clip and imported to mediafire.com, Facebook and OKTHAI dot com. Such audio clip is still accessible on the internet until 28 January 2015 when the police discovered.

The defendant was accused under the Criminal Code Section 112 (lese majeste) and Computer related Crimes Act Section 14.

 

Circumstance of Arrest

On 25 April 2015, around 10.00am, around 10 police officers both in uniform and plaincloth arrested Thanitsak at a house of his friend in Phu Khiao District, Chaiyaphum Province in the Northeast of Thailand. He was taken to an interrogation at Technology Crime Suppresion Division (TCSD) in Bangkok.

Trial Observation

No information

Black Case

210 ก./2558

Court

Bangkok Military Court

Additional Info

No information

Reference

No information

25 April 2015

Thanitsak was arrested and taken to Tung Song Hong police station for 2 nights.

27 April 2015

Thanitsak was taken to an investigation process at the office of Technology Crime Suppresion Division (TCSD) before taken to request for a provisional detention at Bangkok Military Court and transferred to Bangkok Remand Prision in the same day. Thanitsak does not want to apply for bail.

17 July 2015

The military prosecuter submitted a complaint to the military court.
 
28 December 2015
Deposition examination
 
The Bangkok military court scheduled the deposition examination for the case in the afternoon. In addition to the Thanitsak, other Banpodj network members, thawisin and Kwanjai, were summoned to be examined at the moment also.
 
The proceeding began at 2.00 PM, the public prosecutor requested the court to proceed confidentially for the sake of national security and protection of the monarchy since the messages of defamation could be disseminated. Thus the court ordered to proceed in secret manner, and then only the judges, prosecutor, defendants, including Thawisin and Kwanjai, and the lawyer were allowed in the courtroom. 
 
As informed by the TLHR’s lawyer, the judge merely read the accusation and asked Thanitsak to confess that he was with Hassadin or ‘Banpodj’ in the production of the audio clip that deemed defaming H.M. the King and distributed on the internet. He was sentenced to 8 years in prison, and reducted into 4 years as the confession was given. 
 
After the verdict was rendered, Thanitsak remained calm as he firstly thought it could be 5 years that deducted from the 10 years in prison for his punishment. For the punishment of 4 years in jail, for him, was fine, since there were heavier penalty in cases of others.
 

30 Januray 2017

Thanitsak was released from Bangkok Remand Prison. He has been detained altogether for 1 year 9 months and 5 days.

Verdict

No information

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