"Yellow Duck Calendar" defendant requested the Constitutional Court to review the unconstitutionality of the National Administrative Reform Council's (NARC) order (B.E. 1976) that increased the penalty of Section 112 (Lèse-majesté),The Criminal Court approved the request.

On 3rd November 2022, Taling Chan Criminal Court tried the witness’ examination of
“Ton Mai” case under Section 112 (Lèse-majesté) of Thailand Criminal Code for selling “Yellow Duck Calendar 2021” on “Ratsadorn” Facebook page as the police accused the defendant that the “Yellow Duck Calendar” allegedly contain texts and pictures defaming the royal family.

The police officers arrested “Ton Mai” and had his house searched in the evening of 30 December 2020. His mobile phone was taken together with “Yellow Duck Calendar”. He was detained for two nights at Nong Kaem Police Station and was charged under Section 112 (Lèse-majesté) before the investigation officer at Nong Kaen police station requested the detention warrant to Taling Chan Criminal Court. “Ton Mai” was granted bai.

The public prosecutor has ordered the indictment against him on six pages of the calendar on 2 September 2021 with bail surety amounting to 210,000 baht.

For further details on Indictment order (In Thai) click here.

There are six witness examinations in total for this case. The plaintiff’s witness examinations took place between 18-21 October 2022 and the defendant’s witness examinations on 2-3 November 2022. The public prosecutor has brought in ten plaintiff’s witnesses and the defendant’s lawyer has brought in three defendant’s witnesses.

After the witness examination is final, the defendant requested the Constitutional Court
to review the unconstitutionality of the National Administrative Reform Council (NARC) order B.E. 1976 No.41 of 21 October 1976, Section 1 which increased the penalty of Section 112 (Lèse-majesté) of the Criminal Code from 7 years to 3-15 years imprisonment and whether this particular order contrasts Section 26 of Thailand’s constitution.

The Taling Chan Criminal Court has approved the request and will deliver the request to the Constitutional Court to review and scheduled to read the verdict of the case on 30 January 2023 while awaits the Constitutional Court decision to review the NARC’s order (B.E. 1976). If the Constitutional court decided to review the request of this case, the Court of the first instance will have to postpone the reading of the verdict until further decision of the Constitutional Court.

The request to the Constitutional Court to review the unconstitutionality of the National Administrative Reform Council (NARC) order B.E. 1976 No.41 of 21 October 1976, Section 1 has been filed once prior to “Yellow Duck Calendar” case by “Justin Chukiat Saengwong‘s” lawyer to review if the NARC’s Order (B.E. 1976) contrasts with section 3, 26 and 34 of Thailand’s constitution (B.E. 2020).
“Justin” is a political activist in Samuthprakarn province who was charged under Section 112 (Lèse-majesté) . The Criminal court has approved the request and delivered it the Constitutional Court to review.