Facing Criminal Charges or Considering Private Prosecution in Thailand?
Whether you are accused of a criminal offense or considering bringing a private criminal prosecution, the right starting point is to examine your legal standing, evidence and procedural options.
Injured person — considering private prosecution
Your complaint has stalled, or you suspect a criminal offense — understand the conditions for filing as a private prosecutor, preliminary examination, and required evidence.
BAccused person — preparing a criminal defense
Summoned, charged, or prosecuted — understand your rights, the procedure, and preparing statements and defense evidence.
A single alleged offense may be pursued through more than one lawful route. An injured person whose complaint has stalled may, in certain cases, consider filing directly with the court under the Criminal Procedure Code, while the accused in the same matter has rights of defense. This page separates the issues by your position: the injured person considering prosecution, and the accused preparing a defense.
The Injured Person: Private Criminal Prosecution
Paid a deposit, received nothing, and police say it is civil — can I prosecute criminally myself?View analysis ↓
Illustrative situation: For example, you transferred a deposit under a sale contract; at the deadline the other party neither delivered nor responded, and the police told you it is "a civil matter" because a contract exists.
Paid a deposit and got nothing — is this fraud?
Review the representations made before the transaction, transfer records, and conduct after receiving the money, to determine whether deception existed at the time — the heart of fraud under Penal Code s. 341.
The counterparty says they were merely late, not dishonest
A contract does not automatically exclude criminal liability, but the question is whether this is pure breach or falsehood used to induce payment from the start — the pre-payment timeline and messages are key evidence.
If police see a civil dispute, can the injured person file in court?
Potentially, subject to conditions: the injured person must have first reported the offense as the law requires, and the public prosecutor must have ordered non-prosecution — then private prosecution may be possible under CPC s. 28, with the court often ordering a preliminary examination under s. 162.
Entrusted property not returned — embezzlement or just breach of contract?View analysis ↓
Illustrative situation: For example, you left a vehicle or machinery with an acquaintance for temporary use; repeated return dates passed, and the asset was later used or transferred onward without notice.
Entrusted property not returned — where to start
Examine the custody agreement, who last held the property, and when it was used or sold on. Embezzlement under Penal Code s. 352 requires proof of converting property received in good faith into one’s own.
The other person claims ownership — how to respond
Use title or possession documents, custody receipts, messages acknowledging the entrustment, and witnesses, to show the property was received for safekeeping, not transferred.
Embezzlement versus breach — which route?
Embezzlement concerns property received under a duty to manage or return; an unpaid money debt is purely civil. Correct classification determines criminal, civil, or parallel proceedings.
A neighbor fenced into my land but claims it is theirs — can I prosecute trespass?View analysis ↓
Illustrative situation: For example, returning to a vacant plot you find the fence moved inside your boundary, and the neighbor asserts their old line always covered that area.
The fence was moved in — where to begin
Verify boundary markers against the title deed and survey, historical photographs, and witnesses to the original line. Trespass under Penal Code s. 362 requires entering or depriving possession without right.
The other side asserts their own claim
With competing claims, the matter has both a civil boundary issue and a possible criminal possession issue — establish exactly how the entry occurred and what documents support each side.
I want the land and the correct boundary back
Restoring possession is a civil remedy; the criminal track addresses punishment for trespass. The two can proceed in parallel with different evidence.
Someone damaged my vehicle or machinery but says it was unintentional — I only have CCTVView analysis ↓
Illustrative situation: For example, your vehicle was damaged in a parking area; CCTV captured part of the event, but the other party calls it an accident without intent to destroy.
Property damaged — what to preserve first
Keep the original video file for the full period, photograph the damage, and value the loss. Criminal destruction under Penal Code s. 358 requires intentional damage or deprivation of benefit.
The CCTV misses parts of the event — am I disadvantaged?
Not necessarily. Video is one piece, weighed together with witnesses, photographs, and the other party’s own account; the court assesses overall credibility.
I want repair costs — which claim?
Compensation is a civil claim against the person causing the damage; the criminal destruction track is separate, and both may proceed with distinct goals.
Falsely accused of theft — when the original case ends, can I sue back?View analysis ↓
Illustrative situation: For example, you were accused of taking another’s property when in fact its use was known to the owner; the case later ended without any punishment against you.
Accused of something untrue — what to do
Gather all evidence of the truth from the start — documents, messages, witnesses — and follow the original case closely, as its outcome affects your later options.
The case ended without punishment — what does that mean
Cases end without punishment for several reasons, such as insufficient evidence or missing elements; that is not the same as a finding that the complainant knowingly filed a false report.
I want to sue back — what is required
False reporting under Penal Code s. 137 requires proof the complainant knew the statement was false and intended to subject you to punishment — compare the report against the true evidence and the complainant’s conduct before deciding.
The Accused: Investigation and Defense
Arrested in a narcotics case without knowing if the allegation is possession, sale, or joint conductView analysis ↓
Illustrative situation: For example, you were detained with items alleged to be narcotics, and your name appears in another person’s messages, while the actual charge remains unclear to you.
Detained — what must I know first
Ask what the allegation is and your rights to contact a lawyer or relative; examine the arrest and search records for legality; do not give substantive statements before understanding the charge.
My name appears in others’ chats — am I disadvantaged?
A name in messages is not automatic proof of guilt; the question is how your actual conduct connects to the alleged offense and role.
The case reaches the prosecutor — what next
Prepare a statement consistent with the evidence, gather proof of your actual activities, and review provisional-release rights under the law — without any guarantee of outcome.
Charged with attempted murder after a fight, while intent is contestedView analysis ↓
Illustrative situation: For example, a drunken altercation left the other party seriously injured, and you face an attempted-murder allegation although you claim self-defense and no intent to kill.
Facing a heavier charge than expected — start where
Read the complaint or indictment to see how intent is alleged, and compare with the chronology, forensic findings, and actual witnesses — intent is the core of attempted murder.
Witnesses conflict — what to do
Build a timeline from neutral evidence — CCTV, medical records, wound locations — to test each account’s credibility.
At trial — which line to prepare
Prepare challenges to the alleged intent and contested facts with verifiable evidence, and assess the law of self-defense where applicable.
Bank or crypto accounts under investigation for suspected money launderingView analysis ↓
Illustrative situation: For example, you received transfers from multiple customers, an account was provisionally frozen, and part of the funds is alleged to link to someone else’s unlawful activity.
Accounts under review — first steps
Assemble the origin of every transaction — contracts, receipts, business relationships — to show the inflows came from lawful activity.
Multiple transfers and parties — what is my position
Laundering liability concerns receiving, transferring, or assisting with property known to derive from crime; each person’s actual role and knowledge is decisive, not transaction counts.
Assets restrained — what can be done
The anti-money-laundering law provides processes to object to restraint and seek release under conditions — properly pursued, without guaranteed outcomes.
Alleged involvement in human trafficking because of a labor supply or care businessView analysis ↓
Illustrative situation: For example, your labor supply or worker-care business is under review, with claims that parts of the process constitute trafficking because some hired persons are in vulnerable circumstances.
Under review — what to examine first
Examine employment contracts, recruitment methods, payment practices, and actual working conditions, for involuntary labor or exploitation of vulnerability — key elements of the offense.
Several employees or brokers are implicated — how does my role differ
Liability is individual, based on each person’s acts and knowledge; merely being an employer or manager is not automatically criminal.
Vulnerable victims or witnesses are involved — what now
Never contact or pressure victims or witnesses; act only through legal channels, as self-help can itself become a separate offense.
Alleged sexual offense, or serious bodily harm, while the accounts conflictView analysis ↓
Illustrative situation: For example, a sexual allegation rests on one party’s account alone, or a fight left someone seriously injured with no clarity on who started and with what intent.
Facing a sexual allegation — where to start
Examine the full timeline, messages before and after, forensic evidence if any, and the true relationship — a single account is not always decisive, but challenges must be evidence-based.
No eyewitnesses — can the case proceed?
Yes. Courts consider circumstantial evidence — medical findings, messages, post-event conduct, and the credibility of both accounts — so a consistent statement matters greatly.
Serious harm with conflicting versions — approach
Separate who initiated, whether force was disproportionate, and how injuries map to conduct, using neutral evidence such as CCTV, medical records, and neutral witnesses.
Evidence-First Criminal Litigation Assessment
Facts → Evidence → Legal Elements → Procedural Options
Facts — map the chronology and persons involved
Evidence — what exists, what is missing, what is verifiable
Legal elements — match each allegation to the law
Procedural options — complain, appeal, prosecute privately, or defend
Frequently Asked Questions
Is a lawyer mandatory to prosecute privately or defend?
The law does not require counsel in every case; many stages can be handled personally. But a private prosecution must satisfy CPC s. 158 content requirements and survive s. 162 preliminary examination, and defense missteps are hard to undo — counsel reduces risk in many cases.
Is filing directly with the court always faster than waiting for police and prosecutors?
Not always. Private prosecution presupposes a prior report and a non-prosecution order, and the court may order a preliminary examination first. Actual timing depends on evidence readiness and the case.
Does every criminal case have a 3-month complaint deadline?
No. The 3-month rule under Penal Code s. 96 applies to private offenses requiring a complaint; other offenses follow their own rules, and prosecution limitation under s. 95 varies by offense — each charge must be checked.
Does winning the criminal case automatically bring compensation?
Not automatically. A criminal judgment can support a civil damages claim in many cases, but civil procedures apply, and actual recovery depends on the counterparty’s assets.
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