General Reports

[EihTooms]

The laws that specifically describe behaviors relating to prostitution that make it illegal have been on the books for a long time. But they are selectively enforced as all laws are in all nations because law enforcement resources are limited.

I also appreciated the fact that you demonstrated how there is selective enforcement of the law. Unless you are trying to tell me that this is the first time in the history of ISG that someone has pointed out that laws are selectively enforced. Or is it that this the first time the laws referenced in the OPs comments are being broken in Thailand.

So, what exactly is your point? I already made mine. That is the totality of the circumstances determine selective enforcement of the law.

Those who break Thai Laws face actions. Prostitution is not legal in Thailand. In the history of ISG not a single individual has produced a statement from a member of the bar in Thailand that will say Prostitution is legal in Thailand. That is and always will remain a fact.

There are no laws on the books that make prostitution a crime in Thailand. Whatever word games a lawyer or anyone else wants to play with the terms "legal", "illegal", "not legal" or "not legalized", there is not one word, phrase or sentence in the Thai Penal Code, the Prevention and Suppression of Prostitution Act or any other legally-enforceable legislation or document that cites prostitution between consenting adults to be forbidden, a crime, a behavior subject to arrest or any punishment whatsoever. Nor that the clearly stated in Plain Language crime of, say, openly and shamelessly soliciting for prostitution in a public place that causes a public nuisance miraculously turns the exchange of money for sex, prostitution, between consenting adults into an additional crime.

Just as driving over the speed limit is a crime but that does not miraculously turn driving a car into an additional crime.

If you or anyone else has discovered a heretofore totally undiscovered missing "gotcha" for where and how that happens in the Code or the Act, please post a link and a quote of the entire sentence and / or paragraph that you think does it so we can all know what you think you know.

[SubCmdr]

The property crackdown happening around Thailand is a wake-up call, these investors were no doubt advised by thai lawyers this was legal and the way things are done.

It is a wake up call only for those asleep at the wheel or choosing to believe what they want to hear. Anyone with half a brain knows that when you are going around the spirit of the law you are putting yourself in legal danger. I was offered one of those deals within months of arriving in Thailand. I was also advised by an attorney working for the real estate company that the structure was legal. But I could tell from the git it was not. I did not pursue the deal. Later I hired member of the bar in Thailand to advise me on further property deals. Not once was I told that the kinds of deals described in the article were legal. There are legal ways for non-Thais to own real property and operating business. I frequent those all the time. I also have availed myself of the legal process available to own real property in Thailand.

Conversely, prostitution is ingrained in the culture. Go into any thai city and you'll find brothels catering exclusively to the thai market. Prostitution has de facto legal status.

I have been unable to find a single individual who is a member of the bar who will tell me prostitution is legal in Thailand. If you have, please refer them to me or share a copy of the legal opinion you received on the subject. Feel free to post it here.

Laws in all nations are enforced on a selective basis because law enforcement resources are scarce. The managers of those law enforcement resources decide how the law is going to enforced at the direction of their political leaders. If you actually read the article you would see that there are many high level political figures here in Thailand backing the investigation into possible illegal control of real property and businesses here in Thailand.

[Rhino Tusk]

The property crackdown happening around Thailand is a wake-up call, these investors were no doubt advised by thai lawyers this was legal and the way things are done. Conversely, prostitution is ingrained in the culture. Go into any thai city and you'll find brothels catering exclusively to the thai market. Prostitution has de facto legal status.

[SubCmdr]

Thai Police Crackdown on Foreign Property

https://youtu.be/RnTpMZXaOdg

This is an example of why I say Prostitution is not legal in Thailand. When the controlling legal authorities decide to look at an issue it is the totality of the circumstance that come into play. In the entire history of ISG no one has produced a legal opinion from a member of the Bar in Thailand that says Prostitution is Legal. But if you are using the color of law to avoid a specific prohibition in Thailand, then you subject yourself having a civil or criminal complain brought against you.

https://www.thaiexaminer.com/thai-ne...argets-leases/

I would like to add an additional point (and encourage everyone to read the article for themselves) found in the article.

On another front, police are examining the advisers behind suspect company structures. Pol Gen Samran said enforcement would cover those assisting, advising or supporting offenders. That includes law firms and accounting businesses where evidence establishes involvement. The investigation consequently extends beyond foreign investors and their Thai shareholders.

In other words the law will hold you accountable and those who gave you advice. If you get bad advice, that will not be a defense on your behalf.

Ignorance of the law is not a defense. Relying on what so and so said about this law or that law is not a defense. Your only defense is to follow the law. Or choose advisors who know the law and give you good advice about it. I still have not found a member of the bar in Thailand that says Prostitution is legal in Thailand. If the laws are so clear, why are so many people being investigated in the property cases? Clearly it seems the law is being enforced in a manner that is different how many people here in Thailand are interpreting it. If it is true in a case where the law is clear on the subject, wouldn't be possible for the same sort of enforcement actions to be taken when it comes to laws that are not so clear?

[SubCmdr]

The laws and regulations regarding Thai nominees for foreign property or business ownership have been clear and on the books for a long, long time.

The laws that specifically describe behaviors relating to prostitution that make it illegal have been on the books for a long time. But they are selectively enforced as all laws are in all nations because law enforcement resources are limited.

I also appreciated the fact that you demonstrated how there is selective enforcement of the law. Unless you are trying to tell me that this is the first time in the history of ISG that someone has pointed out that laws are selectively enforced. Or is it that this the first time the laws referenced in the OPs comments are being broken in Thailand.

This isn't a matter of Thai Police Officer Fred selectively enforcing a law that isn't in any Code or Act because someone failed to gift him with rice money last week or because it simply bugs him to see a farang business operating without a proper Thai nominee involved.

So, what exactly is your point? I already made mine. That is the totality of the circumstances determine selective enforcement of the law.

As an example, he cited the recent assault of a Japanese national in Bangkok. Police arrested and prosecuted five Thai suspects involved in that case. His point was that police operations cut both ways. Foreigners breaking Thai laws face action, while foreign visitors also receive police protection.

Those who break Thai Laws face actions. Prostitution is not legal in Thailand. In the history of ISG not a single individual has produced a statement from a member of the bar in Thailand that will say Prostitution is legal in Thailand. That is and always will remain a fact.

[EihTooms]

Thai Police Crackdown on Foreign Property

https://youtu.be/RnTpMZXaOdg

This is an example of why I say Prostitution is not legal in Thailand. When the controlling legal authorities decide to look at an issue it is the totality of the circumstance that come into play. In the entire history of ISG no one has produced a legal opinion from a member of the Bar in Thailand that says Prostitution is Legal. But if you are using the color of law to avoid a specific prohibition in Thailand, then you subject yourself having a civil or criminal complain brought against you.

https://www.thaiexaminer.com/thai-ne...argets-leases/

The laws and regulations regarding Thai nominees for foreign property or business ownership have been clear and on the books for a long, long time.

This isn't a matter of Thai Police Officer Fred selectively enforcing a law that isn't in any Code or Act because someone failed to gift him with rice money last week or because it simply bugs him to see a farang business operating without a proper Thai nominee involved.

[SubCmdr]

Thai Police Crackdown on Foreign Property

https://youtu.be/RnTpMZXaOdg

This is an example of why I say Prostitution is not legal in Thailand. When the controlling legal authorities decide to look at an issue it is the totality of the circumstance that come into play. In the entire history of ISG no one has produced a legal opinion from a member of the Bar in Thailand that says Prostitution is Legal. But if you are using the color of law to avoid a specific prohibition in Thailand, then you subject yourself having a civil or criminal complain brought against you.

https://www.thaiexaminer.com/thai-ne...argets-leases/

[SubCmdr]

Thai minister rejects 'Israeli territory' claim during Phuket inspection.

Thai officials inspecting the Chabad House in Patong, Phuket, were met with an unusual exchange on July 23 when a man allegedly claimed the premises were Israeli territory.

This is Thailand. Everyone on Thai soil must comply with Thai law. No one has the right to claim sovereignty over Thailand.

https://thethaiger.com/news/phuket/c...erritory-claim

This is what happens when individuals think they know more than the Thai people that live and work here.

[Allover]

Yes, but is prostitution legal in Thailand?

I don't know but it would be nice to have some discussion about it on these forums.

[EihTooms]

Yes, but is prostitution legal in Thailand?

The discreet negotiation, agreement and exchange of money for sex between consenting adults is every bit as "illegal", "not legal" or a "crime" subject to arrest, indictment, trial, sentence and punishment by fine and / or imprisonment in Thailand as is drinking water through a straw.

Don't take my word for it. Anyone can read the Thai Penal Code and the Prevention and Suppression of Prostitution Act of 1996 and it is guaranteed you will find exactly as many Citations, Sections and Plain Language statements explicitly forbidding and the stated punishment for the simple discreet agreement and act of prostitution between consenting adults as there are for drinking water through a straw.

There are also as many cases on the Thai ledgers of consenting adults being arrested, tried, convicted and sentenced for discreetly agreeing to and engaging in prostitution as there are for drinking water through a straw. That's a fact.

Scary, huh?

Not only that but all indications are we could find Thai attorneys who believe drinking water through a straw is "illegal" or "not legal" as well since, you know, there is no Plain Language statement in the Code or the Act that outright says drinking water through a straw is "legal" and the government has not "legalized" it for the purposes of permitting ads, issuing a business license to officially allow a commercial drinking water through a straw service and then to collect taxes on the transaction.

So that might be worth serious consideration, too.

Of course, as always, YMMV.

[SubCmdr]

Just saw that in the quoted comment there must be a typo. Otherwise you could just buy all the gold you can and immediately sell it turning a profit (100 baht per purchase).

On 16/08/2569 in Pattaya, Thailand Gold was 68550 Buy 68750 Sell.

Wrote the following on 11/09/23:

I see gold as a store of value. I take 70000 THB and buy gold with it in Thailand. If times get hard I can sell that gold and (depending upon the price of gold at the time of sale) and get more or less 70000 THB back. No exchange rate issues.

I was on the street today and saw: Sell 32700 Buy 32600 a Bhat. That is a 100 THB spread between buying and selling. That is an immediate loss. But I cannot buy a shirt for 100 THB. Well that is a lie, I actually I could, just not one I would want to wear.

I don't need luck. Like you said, I am smart. That means I am smart enough to understand how the gold system in Thailand works. Then use it for my purposes and goals. They may not be your purposes and goals. But that is ok.

The gold shop is willing to buy from you at the buy price and sell to you at the sell price.

I hope this helps

[Explorer8939]

Yes, but is prostitution legal in Thailand?

[HSendatsu]

Sold some gold at 68,550.

Brief review of posts from others about gold will reveal some interesting comments. It will also become obvious why I don't take financial or legal advice from International Tricks.

Just saw that in the quoted comment there must be a typo. Otherwise you could just buy all the gold you can and immediately sell it turning a profit (100 baht per purchase).

[SubCmdr]

Sold some gold at 68,550.

I see gold as a store of value. I take 70000 THB and buy gold with it in Thailand. If times get hard I can sell that gold and (depending upon the price of gold at the time of sale) and get more or less 70000 THB back. No exchange rate issues.

I was on the street today and saw: Sell 32700 Buy 32600 a Bhat. That is a 100 THB spread between buying and selling. That is an immediate loss. But I cannot buy a shirt for 100 THB. Well that is a lie, I actually I could, just not one I would want to wear.

Brief review of posts from others about gold will reveal some interesting comments. It will also become obvious why I don't take financial or legal advice from International Tricks.

[EihTooms]

Here you go!

https://legal.co.th/resources/thaila...egal-thailand/

Now each and every International Trick Thailand can make their own decisions as to how to conduct their affairs. But remember, So and So said it was legal is not going to be allowed as a defense if a situation arises with you personally. Ignorance of the law will never be allowed as a defense.

The Defense Rests!

Let's quote his entire point:

So the thing to take away from this video and to understand is Yes prostitution is illegal in Thailand but No in Thailand they are not going out of their way to regulate or in any way really scrutinize the goings-on of what happens between consenting adults behind closed doors; that is not the main thrust of law enforcement's endeavours here in Thailand. That being said, don't push it basically. I mean don't go making internet websites dedicated to this illicit activity. Again, what consenting adults do is one thing behind closed doors but again this sort of open and notorious side of things, that's where you can see some real problems and that is where I think the analysis at least in my mind that's where the analysis flows when I look at this article or when I was reading this article and that's why I decided to go ahead and make this video.

See, you omitted the critical part that the bust he was referring to was the closure of a Thai-based website openly and shamelessly , "open and notorious", as he puts it, advertising actual sex acts in exchange for money.

And to actually answer the very good question you were supposedly answering here about what the punishment is in Thailand for exchanging money for sex, prostitution, between consenting adults; the answer is none. In fact, Thailand goes so far in "not going out of their way to regulate or in any way really scrutinize the goings-on of what happens between consenting adults behind closed doors" they have not even created a law forbidding it, making it a crime or punishing anyone in any way for doing it as long as it occurs between consenting adults.

He should ask the Thai attorneys in his office if they think Smiling While Driving is illegal / NOT legal in Thailand. Applying their same definition if it regarding regulations and scrutinization of prostitution, they have no choice but to declare they think Smiling While Driving is illegal / NOT legal in Thailand either.

Has the jury reached a verdict?

Yes, Your Honor. The jury finds the defendants Not Guilty due to lack of a crime cited by any of the authorities and witnesses or presented by the Prosecution.