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Statute of Limitations in Thailand: A Detailed Overview

In Thailand, the concept of “statute of limitations” governs the time frame within which legal actions can be initiated for various offenses or civil claims. This legal principle ensures that individuals and entities are not indefinitely subject to potential lawsuits or prosecutions, thereby providing legal certainty and stability. Below is an exhaustive explanation of the statute of limitations as per Thai law, citing relevant legal provisions and covering the entire range from a few months to many years.

Civil Claims

  1. Contractual Claims:
    • Statute of Limitations: The statute of limitations for contractual claims is 10 years.
    • Legal Reference: Section 193/30 of the Thai Civil and Commercial Code.
    • Example: If a breach of contract occurs, the aggrieved party has 10 years from the date of breach to file a lawsuit.
  2. Tort Claims:
    • Statute of Limitations: For tort claims, including personal injury and property damage, the statute of limitations is 1 year from the date the injured party became aware of the injury and the identity of the wrongdoer, but not exceeding 10 years from the date the tort was committed.
    • Legal Reference: Section 448 of the Thai Civil and Commercial Code.
    • Example: In cases of negligence leading to injury, the victim has 1 year from the date of discovery to initiate legal action.
  3. Debt Collection:
    • Statute of Limitations: For debt collection, the limitation period is generally 10 years.
    • Legal Reference: Section 193/30 of the Thai Civil and Commercial Code.
    • Example: A creditor has 10 years from the due date of the debt to file a lawsuit for recovery.
  4. Labor Claims:
    • Statute of Limitations: For claims arising from employment relationships, such as unpaid wages, the limitation period is 2 years.
    • Legal Reference: Section 193/35 of the Thai Civil and Commercial Code.
    • Example: An employee has 2 years to file a claim for unpaid wages.

Criminal Offenses

  1. Serious Crimes:
    • Statute of Limitations: There is generally no statute of limitations for serious crimes such as murder.
    • Legal Reference: Section 95 of the Thai Penal Code.
    • Example: A murder case can be prosecuted at any time, regardless of when the crime occurred.
  2. Lesser Offenses:
    • Statute of Limitations: For offenses punishable by imprisonment of less than 10 years, the statute of limitations is 10 years.
    • Legal Reference: Section 95 of the Thai Penal Code.
    • Example: For a theft case, the prosecution must commence within 10 years from the date of the crime.
  3. Minor Offenses:
    • Statute of Limitations: Minor offenses, such as petty theft or traffic violations, have shorter limitation periods ranging from 1 to 5 years.
    • Legal Reference: Section 95 of the Thai Penal Code.
    • Example: A traffic violation may need to be prosecuted within 1 year of the offense.
  4. Misdemeanors:
    • Statute of Limitations: Offenses punishable by imprisonment of not more than 1 month or a fine not exceeding THB 1,000 have a limitation period of 1 year.
    • Legal Reference: Section 95 of the Thai Penal Code.
    • Example: Minor misdemeanors must be prosecuted within 1 year from the date of the offense.

Administrative Matters

  1. Taxation:
    • Statute of Limitations: The limitation period for tax matters is generally 5 years.
    • Legal Reference: Section 19 of the Revenue Code.
    • Example: Tax authorities have 5 years from the end of the tax year to assess and collect taxes.
  2. Government Claims:
    • Statute of Limitations: Various government claims have specific limitation periods depending on the nature of the claim.
    • Example: Claims for recovery of public funds may have distinct limitation periods as per relevant laws governing government actions.

Offenses Related to the Issuance of Cheques

  1. Offenses Under the Offence Arising from the Use of Cheque Act, B.E. 2497, Section 4:
    • Legal Reference: Section 4 of the Offence Arising from the Use of Cheque Act, B.E. 2497.
    • Penalties: Issuing a cheque without adequate funds can result in a fine not exceeding sixty thousand baht, imprisonment for not more than one year, or both.
  2. Cheque Offense Under Criminal Procedure Law:
    • Legal Reference: Section 7 of the Offence Arising from the Use of Cheque Act, B.E. 2497.
    • Resolution: If the offender pays the amount of the cheque within thirty days after notification, the offense is resolved under the Criminal Procedure Code.
  3. Cheque Offense Under Civil Procedure Law:
    • Legal Reference: Section 8 of the Offence Arising from the Use of Cheque Act, B.E. 2497.
    • Procedure: If the cheque’s value does not exceed the monetary threshold for civil matters, the aggrieved party can pursue a civil claim within the criminal proceedings.

Suspension and Interruption

  • Suspension: The statute of limitations may be suspended under circumstances such as force majeure, acknowledgment of debt, or ongoing legal proceedings.
    • Legal Reference: Sections 193/14 and 193/19 of the Thai Civil and Commercial Code.
  • Interruption: The limitation period is interrupted if a lawsuit is filed or if the parties agree to extend the period.
    • Legal Reference: Section 193/14 of the Thai Civil and Commercial Code.
  • Tolling for Special Circumstances: The statute of limitations may be tolled for individuals who are minors, mentally incapacitated, or absent from the country.
    • Legal Reference: Section 193/13 of the Thai Civil and Commercial Code.

Importance and Considerations

Understanding the statute of limitations is crucial for protecting one’s legal rights in Thailand. Failure to initiate legal proceedings within the prescribed time frame can result in the forfeiture of the right to pursue claims or defenses. Therefore, seeking timely legal advice is crucial.

Summary

The statute of limitations in Thailand varies based on the type of legal claim or offense, ranging from a few months to many years. Some civil claims may have a limitation period of 10 years, while criminal and administrative matters may have shorter periods. It is imperative to be aware of these limitations and take timely legal action to protect your rights and interests in Thailand.

Siam GP has extensive experience in handling cases related to the statute of limitations in both civil and criminal matters. Our expert legal team is well-versed in Thai law and can provide you with the necessary guidance to ensure your legal actions are initiated within the required time frames. For consultation and reliable legal assistance, please contact us.