Fraud in Thailand 在泰國之詐欺罪刑
Fraud is a common legal issue in every country, including Thailand. Fraud in Thailand can be either criminal, civil, or both.
Definition of Fraud under Criminal Code in Thailand
According to Section 341, whoever dishonestly deceives a person with the assertion of a falsehood or the concealment of the facts which should be revealed, and, by such deception, obtains a property from the person so deceived or a third person, or causes the person so deceived or a third person to execute, revoke or destroy a document of right, is said to commit the offence of cheating and fraud, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand baht, or both.
In addition, according to Section 342, if the fraud is committed under following circumstances:
Ø By the offender showing himself to be another person; found on restriction or
Ø By taking advantage of the lack of intelligence of the deceived person who is a child, or by taking advantage of weakness of mind of the deceived person,
The offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.
Furthermore, according to section 343, if the offence under section 341 be committed by the assertion of a falsehood to the public or by the concealment of the facts which should be revealed to the public, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand baht, or both.
Fraud under Civil and Commercial Code
According to Section 40 of the Criminal Procedure Code, a penal action may be entered in the court where the criminal case is being tried or brought separately before the court empowered to exercise civil jurisdiction; prescribed that the civil proceedings must be in conformity with the provisions of the Civil Procedure Code.
Fraud under Criminal Procedure Code
According to Section 43 of Criminal Procedure Code, as for a case of theft, snatching, robbery, brigandage, piracy, extortion, "swindling", misappropriation or receipt of stolen property, the victim is entitled to claim the restitution of the property he has been deprived of through the commission of such offence or claim the value of such property, the public prosecutor, when instituting a prosecution, shall also enter such claim on behalf of the victim.
According to Section 44/1 of Criminal Procedure Code, as for a public prosecution, if the victim is entitled to claim compensation in as much as the commission of offence by the defendant has caused him to lose his life, or sustain bodily or mental harm, personal liberty injury, reputation impairment or proprietary damage, he may submit to the court trying the criminal case a motion for coercively directing the defendant to make compensation for such loss.
In addition, the claim for damages arising from wrongful act is barred by prescription after one year from the day when the wrongful act and the person bound to make compensation became known to the injured person, or ten years from the day when the wrongful act was committed.
For more comparison about comparison between civil and criminal action, you may refer to our earlier article “Comparison between Civil and Criminal Action in Thailand”
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 Section 342 of Criminal Code B.E. 2499 (1956).