A Comprehensive Overview of Fraud Law
Fraud refers to any illegal activity intended to deceive another person to acquire property, money, or other economic or non-economic benefits. For instance, if A signs a contract with B to sell property and B makes full payment, but A refuses to transfer the property without any valid reason, this constitutes fraud. In Thailand, fraud is considered both a civil and criminal offense. Under criminal law, the evidence and documentation required to prove fraud must be robust and admissible in court.
If you have suffered damages due to fraud, it is your legal right to file a suit in court for recovery of those damages. Consulting with an attorney is essential, as they can advise you on your rights, claims, and other remedies available under the law. An attorney can also help determine whether the fraud is a civil or criminal matter, guiding you to file the suit in the appropriate court.
Limitation of Time: Under Thailand’s criminal law, the victim has three months from the realization of the fraud to file a suit in court. After this period, the victim loses the right to seek recovery for damages.
Fraud Under Criminal Law: Thailand’s Penal Code details various types of fraud and their corresponding punishments:
- Section 341: Obtaining property from another person by providing false facts or information is punishable by up to three years of imprisonment and a fine of up to THB 60,000.
- Section 350: Refusing to pay a creditor or a loan installment can result in up to two years of imprisonment or a fine of up to THB 40,000, or both.
- Section 14 of the Computer Crime Act 2007: Importing false data that affects the public can lead to up to three years of imprisonment or a fine of up to THB 60,000, or both.
- Fraud involving ten or more people: This includes non-payment of salaries, reduced wages, or failure to fulfill contractual rights, punishable by up to three years of imprisonment or a fine of THB 6,000, or both.
- Fraudulent use of services: For instance, staying in a hotel or dining at a restaurant without the means to pay can result in up to three months of imprisonment or a fine of up to THB 500, or both.
- Danger to property: Any act causing danger to property for personal gain can lead to up to five years of imprisonment or a fine of up to THB 2,000, or both.
- Inducing others to commit fraud: Manipulating another person to seize property can result in up to two years of imprisonment or a fine of up to THB 4,000, or both.
Additional Penalties: The Thai criminal court can also impose forfeiture of property, fines, imprisonment, or confinement.
Who Can File Suit in Fraud Cases: According to Section 2(4) of the Thai Criminal Code, only the directly injured party can file a suit. The Thai Supreme Court has clarified that third parties or indirectly injured persons, such as legal representatives or heirs, do not have the right to file a suit.
Rights of the Defendant: In fraud cases, the defendant is presumed innocent until proven guilty. They have the right to legal representation, to present evidence, and to call witnesses. The evidence presented by the plaintiff must be strong and lawfully obtained, as the court will dismiss the case if the evidence is found to be obtained unlawfully.
Offenses Related to Cheques
Legal Framework: Issuing a cheque without adequate funds is a legal offense in Thailand under the Offence Arising from the Use of Cheque Act, B.E. 2497, Section 4. The law specifies that issuing a cheque with the intention not to honor it, or without sufficient funds, constitutes an offense punishable by a fine of up to THB 60,000, imprisonment for up to one year, or both.
Criminal Procedure: Section 7 states that if the offender pays the cheque amount to the holder or a banker within thirty days after being notified of the bank’s refusal to honor the cheque, or after a court’s final judgment, it resolves the offense under the Criminal Procedure Code of Thailand.
Civil Procedure: Section 8 allows the aggrieved party to pursue a civil claim within the criminal proceedings if the cheque’s value does not exceed the monetary threshold for civil matters. This action follows the Civil Procedure Code of Thailand.
Summary
Fraud law in Thailand covers a broad spectrum of deceptive practices and fraudulent activities, aiming to deter, investigate, and prosecute offenders while providing remedies for victims. Effective enforcement, public awareness, and international cooperation are crucial to maintaining the integrity of Thailand’s legal and financial systems.
At Siam GP, our attorneys are renowned for their extensive expertise and innovative strategies in managing complex legal challenges, particularly in high-profile fraud and cheque offense cases. We are dedicated to achieving cost-effective outcomes and have established strong partnerships with international law firms to efficiently handle cross-border legal matters. Our team works collaboratively with clients to develop legal strategies that comply with the law and meet their objectives within the required timelines. For professional and reliable legal assistance, please contact us for a consultation.