Theft
Section 334 of the Thailand Criminal Code defines the definition of Theft. It states that if anyone illegally takes away the property or any personal asset of a person. It is theft. Theft is a criminal offense, if anyone has faced damages against the theft, he has a legal right to recover the damages. Let’s take an example for better understanding, A was walking on the road in the evening, B stopped A and snatched mobile, wallet, etc. It is theft, illegally taking away the property of a person.
It is a criminal offense because theft is the reason of threat between the people in a society, it damages the peaceful environment of a society, etc. The public interest is also involved in these cases so it is considered a criminal offense. It is commonly seen that theft is the reason for physical injuries, the murder of a person. The reason is when the accused go to snatch something, the victim always resists and tries to stop him. This causes injuries and sometimes the accused shoots the victim. In these cases, the theft becomes a serious criminal offense.
criminal litigation
Types of Theft:
Section 335 of Thailand Criminal Code elaborates about different types of theft;
1. Theft in the night time
2. In public places, during an accident or fire in a place and anyone takes advantage of the situation and takes away the things of people. For example, An accident happens on a road and People start gathering at the accident place. Anyone takes advantage of this situation and takes away the wallet, cell phones, money, etc of people.
3. Damaging barricades or any protection of people for stealing their precious things. For example, damaging the door of a car for stealing the personal assets of the driver or other passenger present in the car.
4. Entering from a passage which is not allowed for human entrance. For example, Entering into a cage in a zoo house to steal any animal, etc.
5. Hide face with any mask, cloth, or any other thing which hides the identity of the person. For example, stealing a thing by hiding a face with a black mask.
6. Pretending that belongs to any law enforcement agency or officials. For example, wearing the uniform of any law enforcement agency during a crime.
7. More than two persons with arms go for taking away the property of another person. For example, More than two accused enter a house or in a shopping center with weapons.
8. Entering into a house or any government property without any permission. For example, a thief enters into a house or any government property.
9. In a public worship place, i.e. Airport, Railway Station, Bus Station, public place for loading of goods, warehouses, production houses, etc.
10. Possession of anything which is for public benefit. For example stealing a watercooler from a public spot, etc.
11. Possession and use of things which is not an actual property of a person. For example, using the employer’s thing without permission
12. Involved in stealing of agriculturist products, animals, or other things attached to agriculture or animals. For example, stealing a tractor(use for plowing).
The accused involved in any above-mentioned offenses will get punishment with imprisonment of one to five years and fined of two thousand to ten thousand Baht.
If anyone takes away the religious object of a religious community i.e. Buddhist statues, or any religious book, or other things which is very respectable for the specific religious community. The accused will get punishment with imprisonment of three to ten years and a fine of 6,000 – 20,000 Baht. If the religious object stole from the religious place i.e. Buddhist statues from temples or taking anything from Masjid, etc. The accused will get punishment with imprisonment of five to fifteen years and fined 10,000 – 30, 000 Baht.
Snatching:
Snatching is a very important issue as it is very common in many places, states, etc. If anyone is found in snatching, he will get punishment with five years of imprisonment, or fine not more than 10,000 Baht, or with both.
If the victim faced physical and emotional injuries during snatching. The offender will be punished with imprisonment of two to seven-year, or with a fine of 4,000- 14,000 Baht, or with both. If the snatching causes the death of a person, then the offender will be punished with imprisonment of five to fifteen years and fined 10,000- 30,000 Baht.
If you have faced damages against the theft of physical and emotional injuries in snatching. It is your legal right to first file the complaint before the Thai Police and then file the suit in the court for recovery of damages. In the case of physical and emotional injuries, the victim can also demand different remedies and compensation. In the case of wrongful death, the legal heirs or representative can file the suit against the offender and claim compensation from the offender. In these cases, it is better and in the favor of the victim to hire an attorney. He will help to manage all evidence, collection of facts, etc, and advise your legal rights, claims, and other remedies mentioned in the law.