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Magna Carta Law Firm > FAQ Section > Fraud in Thailand

FAQs Relating to Fraud Offences

Fraud in Thailand

What is Fraud?

Fraud is the intentional act of deceiving people in order to achieve personal, business, or financial gain. Fraud in Thailand can violate civil or criminal law. In civil cases, the fraud victim may sue the offender and enter into a compromise agreement to recover monetary compensation. The government may prosecute and imprison the offender in criminal proceedings.

What constitutes a Fraud under Thai law?

If a person

  1. conceals information which should be revealed and as a result obtains a property from another party dishonestly; or
  2. deceives another party and causing this party to execute or destroy a document of right

 

The offense of cheating and fraud in Thailand may lead to criminal prosecution under the Criminal Code of Thailand or civil prosecution under the Thai Civil and Commercial Code, or it may lead to both criminal and civil prosecution.

What are the categories of Fraud in Thailand?

Public Fraud

A person commits Public Fraud by making false statements to the public or concealing facts that the public has to know.

 
Fraud for Services

A person commits fraud for services if he deceives 10 people or more to perform any work for himself or for a third person with the intention of not paying their wages, or with the intent to pay lower wages or remuneration than those agreed upon.

 
Fraud for Theft of Food, Drink, or Shelter

A person commits this type of fraud when he orders and consumes food or drinks, or stays in a hotel, knowing that he does not have the capacity to pay the bill.

 
Fraud for Theft of Property

Fraudulent property theft is when someone coerces another person into giving up their possessions so they can use them for their own or someone else’s benefit. This can be done by appealing to the victim’s weakness or inability to comprehend the situation or the consequences of their actions, which will work to the offender’s advantage.

 
Insurance Fraud

A person commits insurance fraud if he maliciously obtains an insurance benefit by causing danger to the insured property.

What are the penalties for cases of Fraud in Thailand?

Fraud cases are generally punishable with fine and/or imprisonment. The severity of the penalty depends on the circumstances of the case.

 

The penalty will be tougher under the following circumstances:

  1. If the offender is pretending to be another person; or
  2. If the offender took advantage of the deceived person, who may be a child lacking of intelligence, or a weak-minded person.

I think I’ve been a victim of Fraud in Thailand, what should I do?

It is the responsibility of anyone who has knowledge of or has reason to believe fraud has occurred to report or lodge a complaint as soon as possible. It is best to consult with a lawyer who can help to evaluate your situation.

What is the statute of limitations for Fraud?

In the case of a compoundable offense, the victim must lodge a complaint within 3 months from the date the offense occurred and the offender must be known by the victim; otherwise, the action is barred by prescription.

What does "Compoundable Offense" mean?

Compoundable offenses are those offenses where parties may reach a compromise between themselves in order to drop all charges against the accused.