Criminal Assault in Thailand

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Criminal assault in Thailand is one of the most common crimes. Known in Thai as “การทำร้ายร่างกาย” (kan tham-rai rang-kai), it encompasses a range of violent acts. Assault ranges from a smack on the face to an assault causing death.

The legal consequences from assault ranges from prosecution, improvement of a fine. The severity and circumstances defines the classification as simple assault, aggravated assault, and assault resulting in death or disability. This classification of assault is important to Thai citizens, tourists and expats in Thailand. We will look at the statutory basis, the criminal procedures and defenses in these circumstances. Always speak to a criminal law firm in Bangkok for advice.

Criminal Assault in Thailand: Legal Overview and Liability

II. Legal Definition of Assault Under Thai Law Under Thai criminal law

The act of assault is primarily governed by Sections 295 to Section 300 of the Thai Penal Code (Criminal Code, B.E. 2499). Section 295 – Simple Assault “Whoever causes injury to the body or mind of another person is said to commit bodily harm, and shall be punished with imprisonment not exceeding two years or a fine not exceeding forty thousand baht, or both.” If we needed a foundation for simple assault then this would be it. This involves a physical attack such as punching, slapping, or kicking. Likewise the psychological harm that causes mental distress.

III. Categories of Assault in Thailand

Thai law provides increasing levels of severity based on the outcome of the assault:

Section 296 – Assault Causing Serious Harm “If the act under Section 295 causes grievous bodily harm, the offender shall be punished with imprisonment not exceeding ten years and a fine not exceeding two hundred thousand baht.” When we compare this to common assault, we will note that serious injuries comes from this type of assault. These include such issues as a loss of vision, broken bones, disfigurement, or injury that endangers life.

Section 297 – Aggravated Assault This section applies if the assault:

Causes death
Is committed by means of torture or cruelty
Is committed against vulnerable persons such as children or elderly persons
Punishment: Imprisonment of six months to ten years.

Section 298 – Assault on Public Officials Assault against public officers while they are performing their duties attracts. This is a very serious offense. Hence this type of assault comes with a more severe penalty.

Punishment: Imprisonment of one to seven years and a fine up to one hundred forty thousand baht.

Section 299 – Group Assault This occurs when two or more persons participate in an assault. Whether planned or spontaneous, the offense becomes more serious under Section 299. Punishment: Depending of the severity you would be looking at Imprisonment from one to ten years.

Section 300 – Assault Resulting in Death “Whoever commits bodily harm to another person which results in death shall be punished with imprisonment of three to fifteen years.” It is important to note that the intent to kill is not required here. This is important that there was no premeditated to killing someone. If the intent was to injure but death resulted, this section applies. If the intent was to kill, it falls under Section 288 (Murder).

VI. Criminal Procedure: From Arrest to Trial

Note that assault cases in Thailand follow the criminal procedure. This as laid out in the Thai Criminal Procedure Code (CPC). Below is a simplified overview of the process:

Complaint and Investigation (Sections 131–140 CPC) This is when a criminal complaint it filed with the police.The police officers open an investigation. They will then start to gather evidence: medical reports, witness statements, CCTV, etc. Likewise should there be probable cause. The police can then detain the suspect and seek an arrest warrant (Section 66).

Arrest and Detention Note that when arrested in Thailand the suspects can be held in custody up to 48 hours (Section 87 CPC). The accused must be informed of their rights under Section 83 CPC including the right to legal counsel. Note that If needed, further detention can be ordered by the court and you can be remanded to prison until a later date.

Charging and Prosecution The criminal file is then handed to the public prosecutor (Section 140 CPC). Should the prosecutor accepts the charges then the case proceeds to trial. Note that in order to prosecute the person then the prosecution must prove guilt beyond reasonable doubt (Section 227 CPC).

Defenses Against the Assault Charges

1. Firstly there is the defense of self-defense (Section 68 of the Penal Code) “A person who acts in self-defense against an unlawful attack shall not be punished.”

What does the defense looks like and what must be prove:

• There was an imminent threat to the accused.

• The response of self defense was proportionate to the threat.

• There was the intent was to protect oneself or another from harm.

2. Defense of Others (Section 69) Similar to self-defense, but applies to protection of a third party.

3. Lack of Intent or having an Accident (Section 59) If the act was accidental and lacked intent. Then the criminal liability may be reduced or excluded, depending on the outcome.

Sentencing and Penalties

The Thai courts consider several factors in sentencing. These are some of the issues:

1. Aggravating Factors Use of weapons:

Did the accused use a weapon when committing the crime Assault on public officials: Was a public official assaulted Prior criminal history: Do you have a prior record of assault in Thailand Premeditation: Was the crime premeditated when it came to death

2. Mitigating Factors in an assault crime in Thailand

Provocation: Was the person provoked to act creating the assault Mental illness: Is there a mental illness with the accused Surrender or confession: Was there a confession or a surrender after the assault Cooperation with the authorities: Where you co-operative with authorities

3. Plea Bargaining and Reduction

If a defendant confesses early or cooperates with the police. Likewise sentences may be reduced by one-third or one-half (per judicial discretion and practice).

Notable Hypothetical Case Example Case

Title: Public Prosecutor v. Mr. Niran Pakdee Mr. Niran, age 42, was involved in a street altercation in Chiang Mai on 3 March 2024. He struck another man, Mr. Wichai, in the head with a glass bottle, causing severe head trauma. Charges: Section 296: Assault causing serious injury Section 299: Group assault (he was joined by two friends) during the assault

Procedure: He was arrested under Section 66 CPC. There was also a search and seizure executed under Section 94 CPC. Notably the accused had confessed during interrogation with legal counsel present

Judgment:

He was found guilty under Sections 296 and 299. He was sentences to 5 years imprisonment. This however was reduced to 3 years due to his confession and cooperation.

Assault in Domestic and Public Settings

1. Domestic Violence In 2007, Thailand passed the Domestic Violence Victim Protection Act B.E. 2550 (2007) to specifically address violence within families. Under this Act. The reason for this was to protect the victims from assault by spouses or parents is treated as a criminal offense. Victims have the right to legal protection and psychological support.

We wrote a number of articles on this website on domestic violence. Civil protection orders may be issued. 2. Bar Fights and Street Violence This often is the most common crime in the nightlife areas of Thailand. You will note that these assaults are still prosecuted under the Penal Code. However, mutual fights may reduce charges under Section 297, Paragraph 2 which provides discretion for sentencing based on mutual provocation.

Assault Involving Foreigners in Thailand

Yes we all know Pattaya and Sukhumvit Road in Thailand.The ultimate fights when it comes to foreigners involved in assault cases. These are both as victims or accused. They too are subject to the same laws. They do however become complicated as there are additional laws. Firstly there are the language barriers, bail decisions. Lastly the issue of visa status will complicate matters. You will note that foreign nationals convicted of assault in Thailand may face immigration issues under the Immigration Act B.E. 2522 (1979).

Likewise it will be under Section 12(6) of the Act stipulates that individuals who have been imprisoned by a Thai court’s judgment, except for petty offenses or those committed through negligence, may be denied entry or have their permission to stay revoked.

So yes you may be arrested and you may be deported and blacklisted from Thailand. Bail Considerations (Section 117 CPC):Bail may be granted. However this will depend on the severity of the offense and flight risk. Likewise foreigners may need to post higher bail due to the risk of absconding.

Civil Liability Following Assault

One problem there may be outside of the criminal liability. Note that the offender may be held civilly liable under the Thai Civil and Commercial Code (CCC).

Section 420 Civil Commercial Code – Tort Law “A person who willfully or negligently unlawfully injures the life, body, health, liberty, property or any right of another person, is bound to make compensation.”

Victims can sue for one or more of the following:

Medical expenses: The cost of the medical assistance after the assault.
Lost income: Where you had to stay out of work after the assault.
Pain and suffering: This is self explanatory.
Permanent disability or disfigurement: Those who have been disfigured or disabled will have a civil claim.

In terms of damages there is with the Criminal Procedure Act the right to compensation and the prosecutor can make the claims for you. Other wise you will sue the person under the Civil and Commercial Code.

Trends and Sentencing in Assault Cases

Thai courts tend to be very strict on cases involving one of the following: Assault with weapons: This will be a much higher sentence when it comes to assault. Repeat offenders: Those who have learned nothing from their last crime.Vulnerable victims (children, elderly): Violence against the old or children In minor cases, courts may issue suspended sentences or order community service, especially if the offender has no prior record.

Practical Advice for Victims and the Accused

For those who are Victims:

Report immediately to the police
Obtain a medical certificate (ใบรับรองแพทย์)
Preserve any video or photo evidence
File both criminal and civil claims if desired

For Accused:

Seek legal representation immediately
Do not sign any statements without understanding
Cooperate respectfully with police and court
Be prepared for Bail and a Court Case

Appendix: Thai Laws and Codes Cited

Section Law Title Summary

Law	Section	Title	Summary
Penal Code	Section 295	Simple Assault	Defines physical or mental harm to another person
Penal Code	Section 296	Assault Causing Serious Injury	Punishes grievous bodily harm
Penal Code	Section 297	Aggravated Assault	Includes torture, vulnerable victims, or death
Penal Code	Section 298	Assault on Officials	Increased penalties for attacks on officers
Penal Code	Section 299	Group Assault	Penalty increase for group violence
Penal Code	Section 300	Assault to Death	Applies when death results without intent to kill
Penal Code	Section 68	Self-Defense	Provides lawful protection against attacks
Penal Code	Section 59	Intent and Negligence	Clarifies elements of criminal intent
Criminal Procedure Code	Sections 83, 87, 94, 117, 131, 140, 227	Procedure	Governs arrest, detention, trial, and rights
Civil and Commercial Code	Section 420	Tort Liability	Victim’s right to compensation
Thai Statute	Domestic Violence Victim Protection Act (2007)	Special Protection	Legal remedy for domestic abuse victims

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.