Fraud, M Karn

“Fraud” is legal term usually used in the event of damage to the assets through dishonestly deception. However, not every case is considered Fraud under the law. Therefore, we have to examine the element of Fraud to gain a better understanding of fraud.

Since Thailand employs a Civil Law system, determining whether an act is an offense requires consideration of the legal code. The term “fraud” is defined in the Criminal Code under Title 12, Chapter 3, Articles 341 to 348. Each offense is compoundable offence, except for Article 343, “public fraud” and is considered a public offense, which not eligible for settlement.

Each type of “fraud” offense involves actions where the offender intentionally deceives others to obtain asset in various ways, with the intent to commit the offense from the beginning. However, if the issue is incorrect or incomplete debt repayment, it is a breach of civil contract. The Civil and Commercial Code does not define the term “fraud.” Therefore, under legal principles, “fraud” is considered a criminal case. In contrast, the Civil and Commercial Code includes a term that may cause confusion: “deception,” which refers to deceptive actions affecting civil legal relationships only.

Most of “Fraud” cases are compoundable offense which can be settles at any time. Therefore, it is stipulated the prosecution period that the injured person must lodge a complaint within 3 months as from the date of offense and offender to be known by the injured person. If the injured person did not lodge a complain within such timeframe, the case will expire.

It can be say that, if you have been deceived by someone and they have taken your asset, or if you are unsure whether the person’s actions constitute fraud, it is recommended that you consult a lawyer. The lawyer can examine all the relevant facts to prevent issues related to the statute of limitations, which could result in the injured party not receiving compensation.

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