Fraud & Dishonesty Cases
Fraud involves any intentional deception aimed at unlawfully obtaining money, property, or other economic benefits. This can take many forms, such as falsifying information, misrepresenting facts or failing to fulfill contractual obligations. For example, if an individual agrees to sell a property, receives full payment, and then refuses to transfer ownership without a legal justification, this constitutes fraud. Fraud is both a civil and criminal offense, with severe legal consequences under Thai law.
When facing a fraud related dispute, it is crucial to consult an experienced criminal lawyer as expert legal guidance will ensure that you understand your rights, the necessary legal procedures and the appropriate course of action, whether filing a civil lawsuit for damages or pursuing criminal charges.
Time Limit for Filing a Fraud Case
Under Thailand’s Criminal Code, fraud cases must be reported within 3 months from the date the victim becomes aware of the fraudulent act. Failing to act within this period may result in losing the right to seek legal recourse.
Fraud Under Thai Criminal Law
Thai law provides strict regulations on fraudulent activities, with penalties varying based on the severity of the offense. Below are key legal provisions governing fraud in Thailand:
criminal litigation
Resources
1. Section 341 – General Fraud
If a person dishonestly obtains property by misrepresenting facts or providing false information, they may face imprisonment of up to three years and/or a fine of up to THB 60,000.
2. Section 350 – Fraudulent Non-Payment
Failure to repay debts, such as defaulting on loan installments or withholding payments from creditors, may lead to imprisonment for up to two years, a fine of up to THB 40,000, or both.
3. Section 14 of the Computer Crime Act (2007)
Using false or misleading data online to deceive others, particularly in ways that could affect the public, can result in a prison sentence of up to three years, a fine of up to THB 60,000, or both.
4. Large-Scale Fraud (10 or More Victims)
Fraud involving 10 or more victims, such as withholding salaries, reducing wages, or breaching contractual agreements, carries a penalty of up to three years in prison, a fine of up to THB 6,000, or both.
5. Fraudulent Use of Services
Knowingly using services such as hotels or restaurants without the means or intent to pay may result in up to three months of imprisonment, a fine of up to THB 500, or both.
6. Fraud for Personal Gain at the Expense of Property
Engaging in activities that put property at risk for personal gain, such as fraudulent transactions, may result in imprisonment for up to five years, a fine of up to THB 2,000, or both.
7. Inducing Others to Commit Fraud
Encouraging or coercing another person to unlawfully obtain property—such as paying someone to seize property on your behalf—is punishable by up to two years in prison, a fine of up to THB 4,000, or both.
In addition to imprisonment and fines, Thai courts may impose additional penalties on individuals convicted of fraud, including: :
- Forfeiture of property
- Additional fines
- Extended 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.
Why Choose SIAM GP Law Firm?
At Siam GP Law Firm, we specialize in defending clients involved in fraud and dishonesty cases. Whether you are a victim seeking justice or an accused party needing expert legal defense, our experienced attorneys are ready to guide you through every step of the legal process.
We understand the complexities of fraud cases and the significant impact they can have on individuals and businesses. Our legal team is committed to delivering strategic, effective representation tailored to your specific situation.
Contact us today for a free consultation.
Frequently Asked Questions
What is considered fraud under Thai law?
Fraud in Thailand is any act of deception used to unlawfully obtain money, property or services from another person. This can include misrepresenting facts, concealing important information, or inducing someone to enter into an agreement under false pretenses. Depending on the circumstances, fraud can lead to both civil and criminal liability, with legal consequences ranging from financial compensation to imprisonment.
What are the different types of fraud cases?
Fraud cases can take many forms, including public fraud, financial fraud and service related fraud. For example, misrepresenting financial information to secure a loan, failing to pay for goods or services under false pretenses, or intentionally misleading multiple victims for personal gain could all be considered fraudulent acts. Thai law also recognizes specific categories like insurance fraud and fraud in commercial transactions, each carrying different penalties based on the severity of the offense.
What should I do if I suspect I have been a victim of fraud?
If you believe you have been defrauded, it’s important to act quickly. You should gather any evidence, such as contracts, receipts, messages or financial records that support your claim. Consulting a lawyer is also essential, as they can guide you on the best legal course of action, whether that involves filing a civil lawsuit to recover damages or pursuing criminal charges against the offender. In many cases, reporting the fraud to the authorities as soon as possible increases the chances of legal success.
What are the penalties for fraud in Thailand?
The penalties for fraud vary depending on the nature and severity of the case. For general fraud, an offender can face up to three years in prison and/or a fine of up to THB 60,000. However, harsher penalties apply in cases involving large-scale fraud, identity deception, or fraud against vulnerable individuals. In some instances, courts may impose additional financial penalties or extend imprisonment if aggravating factors are present.
Contact SIAM GP Law Firm Today!
If you are looking for a reliable and professional law firm in Pattaya, look no further than SIAM GP. We are ready to assist you with any legal matter you may have. Contact us today for a free consultation. You can reach us by phone, email, or by filling out the form below. We will get back to you as soon as possible.