Fraud & Dishonesty Cases
Fraud means any illegal activity to deceive another person for acquiring the property, money, or any economic or non-economic thing. For example, A has signed a contract with B for selling the property. B made full payment of the property and asked A to transfer the property. A refusal to make a transfer of property without any legal or logical reason. It is a fraud. Fraud is a civil and criminal offense. Under criminal law, the requirements, evidence, documents for proving the fraud should be strong and admissible in court.
If you have been damaged with fraud then it is your legal right to file suit in court for recovery of the damages. You must consult with an attorney, he will advise you about rights, claims, and other remedies mentioned in the law. The attorney will also help you to recognize that the fraud is a civil or criminal offense, it will help to file the suit in the relevant court.
Limitation of Time:
Under Thailand’s criminal law, the victim has three months after realizing the fraud to file suit in the court. After three months the victim has no right to file the suit for recovery of the damages.
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Fraud under Criminal Law:
Thailand’s criminal code elaborated about the frauds and their punishments mentioned in the criminal code.
1. Section 341 of Thailand Criminal Code
According to section 341, if a person obtains the property from another person by proving wrong facts, information of property, etc he committed fraud and chargeable under criminal law. The accused shall be punished with imprisonment of three years and a fine, not more than THB60,000.
2. Section 350 of Thailand Criminal Code
If any person refuses to give payment to the creditor or refuses to give installment of a loan to the bank, etc he will be charged under section 350 of Thailand criminal code. The court has the power under section 350 to give imprisonment of two years, or fine THB40,000, or with both.
3. Section 14 of the Computer Crime Act 2007
If any person deceives another person by importing false data, and it also affects the public or has chances that the public will effect by it he will be charged under criminal law. The court has legal power under section 14 to give imprisonment of three years, or with a fine of THB60,000, or with both.
4. If a person committed fraud with ten or more than ten people. For example non-payment of salaries, fewer wages, refusal to give rights, or anything which is signed in agreement. The accused shall be punished with three years of punishment, or THB6,000, or with both.
5. If a person lives in a hotel or eats food from the restaurant knowing that he has no capacity to pay the bills. He will be punished with imprisonment not more than three months, or fine up to THB500, or with both.
6. Under the Thai Criminal Code, if any person is found involved in causing danger to a property for getting personal benefits, he will be punished with imprisonment of five years, or with fine THB2000, or with both.
7. If any person induces or manipulates another person to take the property of another person for him. For example, giving money to someone to take forcible possession of the property. The accused will charge under Thai criminal law and get punished with imprisonment of two years, or fine not exceeding THB4,000, or with both.
Thai criminal court can also give the following punishment to the accused;
1. Forfeiture of property
2. Fine
3. Imprisonment
4. Confinement
Who can file suit in Fraud cases:
Section 2(4) of the Thai Criminal Code defined the definition and stated that ‘Injured Party’ can claim and file suit against the accused. It was not mentioned that if a party is indirectly injured or damaged for example legal representatives, heirs, etc they can file suit or not. The Thai Supreme Court elaborated on this issue and stated that ‘If a person is directly injured or damaged from the fraud of another person, then only he can file the suit for recovery of the damages’. The third party or a person who is indirectly injured has no legal right to file the suit against the accused.
Rights of the defendant in Fraud Cases:
In every civil and criminal case, it should be considered that allegation does not mean that the defendant has proven guilty. Everyone is innocent before the court until the offense is proved. In fraud cases, the defendant has the legal right to appoint an attorney for defense in the court. He has equal rights to justify his statements, record of evidence, witnesses before the court. In Criminal Courts, the evidence and witnesses of the plaintiff should be strong and admissible before the court. If the evidence is obtained by the unlawful method, fraud, deceit, etc, the court will dismiss the case.