Every single day in Thailand, a significant number of individuals become affected by criminal offenses as criminal law tends to expand itself and try to solve the problems and disputes in the society replacing civil law. As Thai jurists we are not sure if this trend is positive for the society, but we cannot deny that it is the general trend of the law here in Thailand. Thai Criminal Law understand that the harm suffered—whether to life, body, property, or reputation—must be remedied, and offenders must be punished in accordance with the law. To this end, Thailand’s criminal justice system provides multiple avenues through which victims may initiate criminal proceedings. Our attorneys at H&P Litigation and Criminal Law team in Bangkok have prepared a summary of the most relevant aspects of procedure aspects of Thai Criminal law.
Under Thai law, only individuals who have suffered harm because of a criminal offense—commonly referred to as “injured persons” or “victims”—are entitled to initiate criminal proceedings.
In cases where the victim is unable to act on their own behalf, such as when they are a minor, a person of unsound mind, deceased, or incapacitated due to the offense, the law permits a legal representative to act in their stead, pursuant to Sections 5 and 6 of the Criminal Procedure Code. These representatives are recognized as injured persons under the law and possess the same legal standing to pursue criminal proceedings as the victims themselves.
Under Thailand’s criminal procedure, victims and their legal representatives may initiate criminal proceedings against an offender through two primary methods:
- Private Prosecution – Filing a private complaint and prosecuting the case directly before the court
- Lodging a complaint with the police, thereby initiating a public prosecution
Based on the practical experience of our litigation team at H&P, it is essential for the foreign clients to understand the different aspects, timeframe and proceeding of both methods to initiate a criminal proceeding.
Private Prosecution
The victim may gather all necessary evidence and initiate legal proceedings independently by filing a case directly with the court. The court is required to conduct a preliminary examination to determine whether there are sufficient grounds for the case to be considered a criminal offense before proceeding to trial to determine the defendant’s guilt.
Filing a Complaint with the Police
The victim may file a complaint with the police to report the crime and initiate proceedings against the offender, even if the offender’s identity is not yet known. The police will conduct an investigation and submit their findings to the public prosecutor. If the prosecutor finds sufficient grounds, they will file charges against the offender. The victim has the right to request to join the prosecution as a co-plaintiff and pursue the case alongside the prosecutor.
However, if the public prosecutor has not yet filed charges with the court and the victim wishes to continue the case independently, they are entitled to do so. Once a judgment has been rendered by the court of first instance, the victim is no longer permitted to initiate a separate lawsuit on the same matter.
In cases where the victim seeks compensation for damages resulting from a criminal offense, such as harm to life, body, mind, personal liberty, reputation, or property, the victim may claim compensation either through a civil lawsuit directly against the offender or, if criminal proceedings are already underway, by requesting compensation under Section 44/1 of the Criminal Procedure Code. This provision allows the victim to request that the public prosecutor submit a claim for damages during the criminal trial process. Please note that the plaintiff will need to pay court fees for the civil court to admit the complaint.
If the public prosecutor is the plaintiff in the case, they may seek compensation from the defendant alongside the criminal proceedings. The claim for damages will be considered concurrently with the criminal case by the court handling the matter.
Pursuing a case through both methods involves a complex criminal procedure that demands extensive evidence to hold the defendant accountable. In such instances, legal counsel can provide essential advice and representation to ensure that the client’s best interests are safeguarded throughout the process.
H&P has a notable track of successful litigation cases representing a wide number of foreign individuals and foreign companies. If you need to discuss a criminal case with an experienced litigation lawyer in Thailand, please contact our dispute resolution team at [email protected]
