FRAUD IN THAILAND

What is Fraud?

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

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 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 persons 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

Whoever, in order to take a property of another person for his own benefit or for somebody, persuades any weak-minded person, or any person not being able to clearly understand the situation and the consequence of his acts, thus resulting to the offender’s advantage to make the victim submit to the disposal of such property, commits Fraud for theft of property.

Insurance Fraud

A person commits insurance fraud if he maliciously obtains 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, what should I do?

It is the responsibility of anyone who has knowledge of, or has reason to believe a 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 assess your case.

What is the statute of limitations for Fraud?

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

What does Compoundable Offence mean?

Compoundable offences are those offences where parties may draw a compromise between them in order to drop all charges against the accused.