Latest News for Cheque Offence in Thailand 泰國支票犯罪新訊
In continuation of the previous article “What you Should know about cheque offenses in Thailand” at https://0rz.tw/H5qBf , an update from the Prime Minister Cabinet has announced the repealing of the Offence Arising from the Use of Cheque Act, B.E. 2534 (1991) in accordance with the Ministry of Justice’s recommendation.
In the past, in accordance with Section 4 of the Offence Arising from the Use of Cheque Act, B.E. 2534 (1991), when the bank refuse to pay a cheque due to the issuer’s inability to pay such cheque, it will automatically be deemed that the cheque issuer intentionally has the malicious intent to defraud the cheque receiver. Such act resulted in 1 year of imprisonment or a fine of no more than 60,000 THB or both, as prescribed in Section 4.
However, on 21st of June, 2022, the Prime Minister Cabinet approved that, the Cheque Offices themselves were deemed to be contradicted the core value of Section 77 of the Thai Constitution with the objective to “Enact the law without interfering with the citizens’ daily life and the Criminal Offense should be enacted for the serious crime only.”
Since the law itself has an unjust “criminal punishment” against the acts of “inability to pay the debt”, The Cabinet deemed it to be highly inequitable. As per Article 11 of the International Covenant on Civil and Political Right, “no one should be imprisoned or receive criminal punishment on the ground of the inability to pay a debt”.
Even though the punishment as prescribed in the Offence Arising from the Use of Cheque Act, B.E. 2534 (1991) has been repealed, if the cheque issuer has an intention to defraud the receiver of the cheque, the law itself still has its mechanism to punish the offenders by the virtue of Section 341 of the Criminal Code, under the offense of “fraud” which possessed the punishment up to 3 years imprison or fine of no more than 60,000 THB or both.
即便佛曆2534年(1991)《使用支票產生的犯罪法》規定的處罰被廢除，如果支票開票人有詐騙支票收票人的意圖，法律本身仍然有依據《泰國刑法》第341條懲罰違規者的機制，根據“欺詐”罪處以最高 3 年監禁或不超過 60,000 泰銖的罰款、或兩者併罰。
The Act of repealing, however, is still in the process of approval and is not effective yet. We would have to wait for the Government Gazette announcement. Such a repeal decision is in the process and will become effective within 120 days after the Government Gazette has been announced. Stay tuned for the update on the repealing of the Act and for more information.
但是廢止法案仍在審核中尚未生效。我們將等待政府公報通知。此廢止決定正在審核並將在政府公報通知後的 120 天內生效。請持續關注有關廢除法案的最新資訊。
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