Revision of offence of abortion under the Penal Code

A Draft Act on Amendment to the PenalCode (no. ..) B.E. …. (the “Draft Act”) was approved by the Cabinet on 17 November 2020 as proposed by the Office of the Council of State.

The Draft Act is aimed to revise Section 301 and Section 305 of the Penal Code in regard to offence of abortion.

Summary of the Draft Act are as follows:

  1. A woman, with gestational ages upto 12 months, is able to cause herself to be aborted or allow the other person to procure the abortion for herself without guilty, in order to protect and create balance on the rights of fetus and the rights of pregnant women according to the Constitutional Court Decision No. 4/2563.
  2. In case that it is necessary to abort or terminate the pregnancy of a woman and that such abortation or termination is conducted by a medical professional according to one of the following matters and the Rules of Medical Council for the safety of pregnant women, such person shall not be penalized.
    1) It is necessary to be done due to the risk of causing danger to physical or mental health of such woman once she continues her pregnancy;
    2) It is necessary to be done due to the significant risk of being affected by physical or mental disability to serious disability if a fetus is born;
    3) The woman is pregnant on account of commission of the offence relating to sexuality; or
    4) The woman, with gestational ages upto 12 months, insists on terminating her pregnancy.

The Draft Act will be proposed to the Parliament for its final consideration before enacting to become enforced with 12 February 2021.

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