What constitutes a fraud?
When a person 1) conceals information
which should be revealed and as a result obtains a
property from another party dishonestly; or 2) deceives
another party and causing this party to execute or
destroy a document of right, he/she is said to have
committed a fraudulent act, which is punishable under
Thailand Penal law
Is
fraud a civil offense or a criminal offense?
In Thailand, fraud may be either a
criminal action or a civil action, or both.
Which
types of fraud are punishable under Thailand’s
Penal Code?
Identity fraud, public concealment
fraud, employment fraud, insurance fraud, property
fraud etc are all punishable offences under Thailand’s
Penal Code. Common fraud cases that we encounter include
land fraud, bank fraud and other types of financial
fraud.
What
are the criminal penalties concerning criminal fraud?
For
a person who has committed fraud in Thailand, he/she
may be punished with imprisonment from a maximum of three
years to seven years depending on the circumstances of the case.
If
I would like to file a criminal fraud action, how
do I go about it?
In Thailand, complaints may at the Police Department and if approved, are then sent to the Attorney-General
who may accept certain criminal fraud cases for prosecution.
However, it is also possible to file a private criminal
action through a private attorney. Usually, to file a police complaint, it is helpful to have an attorney.
What
is the statute of limitations (prescription period)
for criminal fraud?
The
statute of limitations for criminal fraud may depend
on the type of fraud, whether civil or criminal, and
whether it is filed as a private case or a public
case. As with all legal cases, filing claims promptly
is very important and victims of fraud should consult
with an attorney as soon as possible.
