As for passive euthanasia, it is apparently qualified as an offence of abandonment. Section 307 of the Criminal Code states that “whoever, having duty by law or under a contract to take care of a person who is in a helpless condition through…sickness, infirmity in body or mind, abandons such person in a manner likely to endanger his life, shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both”. However, in some situations, it is more complicated when the patient has already been under medical treatment and the doctor stops the treatment because in his diagnosis the patient is nearly dead or beyond recovery; consequently, the therapeutic tenacity will do no good except to extend the patient’s life artificially. The question is whether the doctor has committed a murder in acting by omission since Section59§5 provides that “an act also includes any consequence brought about by the omission to do an act which must be done in