Fraud Cases in Thailand
Stay Legally Informed and Protect Your Rights with Growup.
In today's society in Thailand, fraud issues and "fraud cases" occur in all aspects of life—both personal and business. Whether it's financial fraud, property fraud, or other types of deception, modern technology has enabled scams to become more sophisticated and diverse. This results in more victims, greater damages, and more complex legal procedures.
Growup. understands that "fraud cases" can severely impact your life and property. Our legal team is ready to advise and protect your rights at every step. From consulting and filing complaints to fighting for justice, we ensure that your case proceeds fairly and you receive rightful protection under Thai law.
What is a Fraud Case?
A "fraud case" refers to a case in which a party commits a wrongful act through deception, misrepresentation, or concealment of the truth, with the intent to make another person believe and transfer their property or the property of a third party. According to the Thai Criminal Code, Section 341:
"If anyone, by deception, misrepresentation, or concealment of facts, causes another person to believe and thereby transfer property to themselves or a third party, such act constitutes the offense of fraud."
Common Types of Fraud Cases in Thailand
- Borrowing money with no intention to repay: This usually involves someone borrowing money with the intent not to return it, or returning only a small portion and then disappearing.
- Online purchase fraud: For example, sellers advertising products on social media or e-commerce platforms, taking payments but not delivering the product or delivering counterfeit goods.
- Investment scams and Ponzi schemes: For example, inviting others to invest in fake businesses or pyramid schemes, promising high returns but ultimately disappearing with the money.
- Fraud by impersonating or forging documents or information: For example, forging signatures on contracts or presenting fake information for personal gain.
- Fraud in financial services or lending: For example, tricking victims into transferring money or fees with the promise of a loan, but never providing the loan.
- Phishing/Online Scam: For example, sending SMS messages or using fake websites to trick victims into disclosing personal or financial information.
Legal Provisions and Penalties in Fraud Cases
Fraud cases fall under the Thai Criminal Code, Section 341. If the court finds the accused guilty, they may be sentenced to up to 3 years in prison, a fine of up to 60,000 THB, or both. In the case of “public fraud,” such as Ponzi schemes, the penalty under Section 343 increases to up to 5 years in prison and a fine of up to 100,000 THB. For more details, see [here].
Fraud Case Procedures in Thailand
Fraud cases in Thailand can proceed via two main channels:
1. Filing a Report with the Police
- Collecting Evidence: Gather all relevant documents such as chat messages, money transfer slips, contracts, or other evidence related to the fraud.
- Filing a Police Report: Go to the local police station in the area where the incident occurred or the relevant jurisdiction to file a complaint and provide all evidence related to the fraud.
- Police Investigation and Contacting the Suspect: The police will investigate, assess damages, and contact the suspect to collect more information and possibly mediate.
- Summary and Further Legal Action: The police will review the evidence and may refer the case to the prosecutor if criminal proceedings are warranted. If guilt is found, the accused will be punished according to the law (e.g., imprisonment or fine). Not all cases result in direct imprisonment or asset seizure.
2. Filing a Civil Lawsuit through a Lawyer
If the victim wants to proceed quickly or claim additional damages, they can consult a lawyer to file a civil suit. The process generally includes:
- Legal Consultation: The lawyer provides advice on your rights, next steps, and estimated costs.
- Preparing and Gathering Evidence: The lawyer assists in reviewing and compiling all necessary evidence and supporting documents for the court.
- Drafting and Submitting the Complaint: The lawyer drafts the complaint and submits it to the court.
- Court Hearings: The court schedules hearings to examine witnesses and evidence. Both parties present their cases, and the court considers all the facts.
- Court Judgment: The court issues its decision. If the court finds the defendant guilty of fraud, the defendant must compensate the victim or pay damages as ordered.
In some cases, even if the court rules in favor of the victim, the victim may not immediately receive compensation if the defendant has no assets or cannot be located. However, the victim retains the right to enforce the judgment or seek future compensation if the defendant acquires assets later.
Rights of Victims and Defendants in Fraud Cases
- Victims have the right to:
- Report and initiate legal proceedings.
- Claim compensation (may require separate civil litigation).
- Request legal protection to safeguard their rights.
- Defendants have the right to:
- Defend against the allegations.
- Appoint a lawyer and present evidence to fight the case.
- Request a fair trial or legal remedies according to the law.
Fraud Prevention Guidelines and Precautions
- Always verify and review contracts or the identity of anyone you transfer money to.
- Avoid transferring money to strangers or accounts with suspicious or mismatched information.
- Keep evidence of money transfers, contracts, and all relevant conversations and communications.
- If you suspect you've been defrauded, file a complaint immediately and keep all supporting evidence.
In Thailand, as technology advances, fraud schemes have become more complex. Knowing how to avoid and protect yourself from fraud is crucial for everyone.
