Under the Thai Penal Code, criminal offenses are generally divided into two categories: compoundable offenses and non-compoundable offenses. These two categories differ in terms of their legal consequences, limitation periods, and criminal procedures. Our Bangkok dispute resolution team at Herrera and Partners H&P have prepared a summary of these two types of offences under the Thai Criminal Code.
Compoundable Offenses
A compoundable offense is an offense that the parties may settle without further criminal proceedings. These offenses primarily affect the personal interests of the injured person rather than the public interest. Examples include fraud under Section 341 of the Thai Penal Code, defamation, and trespass under Section 362 of the Thai Penal Code.
For compoundable offenses, Section 96 of the Thai Penal Code provides that the injured person must file a complaint within three months from the date on which they become aware of both the offense and the identity of the offender.
If the injured person fails to file a complaint within this three-month period, or if the complaint is filed after the limitation period has expired, the right to prosecute the offense is barred by prescription, and no further criminal proceedings may be commenced. In cases where the public prosecutor brings the prosecution, failure to comply with this requirement also affects the prosecutor’s authority to prosecute.
In addition, if the parties reach a settlement in a compoundable offense—for example, by agreeing to compensation or by requiring the offender to comply with certain conditions, such as ceasing the trespass or removing defamatory statements—and the injured person withdraws the complaint, withdraws the case, or enters into a settlement agreement, the criminal case is terminated in accordance with the Thai Criminal Procedure Code. As a result, the injured person may no longer bring criminal proceedings in relation to the same offense.
Accordingly, proceedings involving compoundable offenses should be handled carefully and in accordance with the procedures prescribed by law to protect the rights of the injured person.
Non-compoundable Offenses
A non-compoundable offense is an offense that the law considers to seriously affect public order and public morality or cause widespread harm to the public. These offenses are regarded as crimes against the State. Examples include murder, theft, public fraud, and child abduction.
Although the law does not require a complaint to be filed within three months for non-compoundable offenses as it does for compoundable offenses, it is generally advisable for the injured person to file a complaint as soon as possible. Once a valid complaint has been filed, the injured person may either initiate criminal proceedings personally or allow the investigating officer to conduct the investigation and submit the case to the public prosecutor.
Criminal proceedings for non-compoundable offenses must be commenced within the applicable limitation period prescribed under Section 95 of the Thai Penal Code. Depending on the maximum penalty for the offense, the limitation period may be one year, five years, ten years, fifteen years, or twenty years.
Importantly, whether the offense is compoundable or non-compoundable, criminal proceedings should generally begin with action taken by the injured person. This reflects the principle that the person who has been directly affected by the criminal act should initiate the process. Compliance with this requirement may also affect the authority to prosecute the case.
If you need a legal consultation on Thai Criminal Law, please contact our litigation lawyers in Bangkok at info@herrera-partners.com
