But if, within the period of time determined by the Court according to Section 56, such person has not committed an offence as mentioned in the first paragraph, such person shall pass from having the punishment determined or from being inflicted with the punishment in that case, as the case may be. CHAPTER 4 CRIMINAL LIABILITY Section 59 A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally. To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing. If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing. To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently. An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence. Section 60 Whenever any person intends to commit an act against a person, but the effect of the doing of such act occurs to another person through a slip, it shall be deemed that such person intentionally commits such act against the person who suffers from the bad effect of such doing. But, in case of the law provides for the infliction of heavier punishment on account of individual status or the relation between the doer and the person suffering from the bad effect, such law shall not be applied so as to inflict the heavier punishment on the doer. Section 61 Whenever any person intends to commit an act against a person, but commits such act against another person by mistake, such person may not raise the mistake as an excuse that such person did not intentionally commit such act. Section 62 Whenever any fact, if really existing, will cause the doing of any act not to be an offence, or the doer not to be punishable, or to receive less punishment, and even though such fact does not really exist, but the doer understands mistakenly that it really exists, the doer shall not be guilty, or shall be exempted from the punishment, or shall receive less punishment, as the case may be. If ignorance of fact according to the third paragraph of Section 59, or the mistake as to the existence of fact according to the first paragraph has occurred through the negligence of the offender, the doer shall be liable for committing the offence by negligence in case of the law specifically provides that the doer shall be criminally liable for the act though committed by negligence. A person shall receive heavier punishment on account of any fact only when such person must have known of such fact. Section 63 If the effect of the commission of any offence causes the doer to receive heavier punishment, such effect must be that which may ordinarily occur. www.ThaiLaws.com 19