criminal-wrongful

Criminal liability is liability under the Criminal Code regulated to protect the safety of people in society, whether in terms of life, body, or property. It focuses on defining offenses and penalties for violating the laws that establish each offense.

Tort liability is liability under the Civil and Commercial Code, aiming to provide compensation to the injured person for harm done to his life, body or asset.

So, some criminal cases such as offense against body, Negligence that cause harm to body and mind, or offense against property, are also subject to tort liability under the Civil and Commercial Code.

Criminal offense may also constitute a civil offense simultaneously

For instance, Section 390 of the Criminal Code prescribed that “Any person who negligently injures the person or mind of another shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.”

Compare to section 420 of the Civil and Commercial Code “A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore.”

As we can see that these 2 sections from 2 different codes have a similar principle, which refers to case where the victim is harm physically and mentally by someone’s else negligent action. The difference is that under section 390 of the Criminal Code, the offender must receive either imprisonment, a fine, or both. The fined amount goes to investigators or the court, representing the state. On the other hand, under section 420 of the Civil and Commercial Code, the offender must directly compensate the victim for damages.

Therefore, it can be said that criminal liability and tort liability arising from negligent acts are related in terms of factual circumstances in a case, but their legal objectives in litigation are different.

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