Penal Actions

Chapter 2 outlines penal actions tied to criminal cases. This is where civil disputes or damages can also be settled. See in Section 40 allows civil and criminal cases to be filed together or separately. Likewise with Section 41 permits separation if the civil case delays the criminal one. Then Section 42 prioritizes criminal rulings and allows further evidence if civil claims lack support. Lastly you will note that Sections 43–44 let prosecutors claim property or compensation for victims in theft or fraud cases, which may be included in the criminal verdict.

You can also find more info on the Thailand criminal justice system on this website. Lastly you can also speak to us as your criminal lawyer in Thailand. 

Firstly Sections 44/1–44/2 allow victims to petition for damages during the trial. This, with specific rules and possible state-appointed legal aid. Secondly there is also Section 45 which confirms civil rights remain even after criminal filing. Finally there is also the Sections 46–47 require civil courts to consider criminal findings and apply civil liability laws.

Likewise you will note that in Sections 48–50 allow the return of seized property and make the injured party a legal creditor when compensation is awarded. Lastly there is also Section 51 states that the statute of limitations for civil suits is affected by the status of related criminal cases.

You can also see the text we wrote on criminal extradition in the country as a criminal law firm in Thailand.

Section 40

You will note that a criminal case and a related civil lawsuit can be filed in the same court or a separate civil court, following Civil Procedure Code rules.

Section 41

If there is a joint case and the civil case if delaying the criminal case then the court can separate the cases.

Section 42

If civil case evidence is lacking, the court may call more evidence. The criminal case will be ruled first; the civil decision can come later.

Section 43

For crimes like theft, fraud, robbery, or embezzlement, the prosecutor can claim lost property or its value on behalf of the injured party.

Section 44

This claim (Section 43) can be joined with the criminal case. This can be done at any stage before the Court of First Instance’s ruling. Hence the judgment on compensation is part of the criminal verdict.

Section 44/1

In a prosecutor-led case,. It is the injured party may file a petition for compensation due to harm or loss. – Note that it must be filed before witness examination. Likewise before judgment (if no examination). – Your petition is treated much like a civil complaint. – You also must specify the damage details and amounts needed for compensation – Likewise you cannot duplicate or contradict the criminal complaint. – Once the prosecutor has claimed property. The victim cannot claim it again.

Section 44/2

When the court gets a petition under Section 44/1: – Then the defendant is notified and may submit an affidavit. – Likewise the court may decide to hear compensation evidence after the criminal case. – Lastly if the injured person is poor, the court can appoint a lawyer at state expense.

Section 45

Note that filing a criminal case. In no way removes the injured person’s right to file a separate civil case.

Section 46

It is imperative that the civil courts. They must consider the facts established in the criminal case.

Section 47

Likewise that civil judgments must follow civil liability law. This is regardless of whether the defendant was convicted. – The court determines the value of the returned property. – Other damages must be awarded within the claimed amount.

Section 48

Should the court order property returned and the owner is not present: – The officer will need to return it when the owner appears. – Disputes about ownership are settled in court.

Section 49

Even without a civil case, the court may order the return of seized property during the criminal trial.

Section 50

When the court awards property or compensation to the injured party under Sections 43, 44, or 44/1, the injured party becomes a legal creditor.

Section 51

If no criminal charges are filed, the injured party’s right to file a civil case is limited by the criminal statute of limitations. – Filing a criminal case interrupts the civil claim’s statute of limitations. – If the court has already sentenced the defendant or dismissed the case, civil lawsuits follow the Civil and Commercial Code’s deadlines.

Lastly also see the other topics in the criminal procedure code in Thailand. These include but not limited to Investigation and Inquiry Powers but also the Criminal Prosecution and Penal Actions.

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