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Feature Articles :

History of Cannabis
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  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
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Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Acknowledgments :

Chaninat & Leeds—a law firm managed by an American lawyer in Bangkok—provides support for this website.  They are well-known for their legal assistance for corporate registration and land purchase Thailand.


 

 

Section 75 bis. Any director, manager or person responsible for the operation of a company, who dishonestly deceives the public by the assertion of falsehood or the concealment of facts which should be revealed to the public and, by such deception, obtains a property from a number of the public so deceived or from a third person, or causes the public so deceived or a third person to execute, revoke or destroy a document of right, shall be liable
to imprisonment for a term of five to ten years and a fine of five hundred thousand to one million bath.

Section 75 ter. Any director, manager or person responsible for the operation of a company, who being entrusted with the management of the property of the company or of which the company is a co-owner, dishonestly does an act contrary to his duties, by any means whatever, so as to cause damage to the usefulness in the nature of it being a property of the company, shall be liable to imprisonment for a term of five to ten years and a fine of five hundred thousand to one million bath.

Section 75 quarter. Any director, manager or person responsible for the operation of a company, who being in possession of a thing belonging to the company or of which the company is a co-owner, dishonestly converts the thing to himself or a third person, shall be liable to imprisonment for a term of five to ten years and a fine of five hundred thousand to one million bath.

Section 75 sex. Any director, manager or person responsible for the operation of a company, who knowing that a creditor of the company or creditor of another person who may avail himself of the right of a creditor of the company to enforce payment of debt from the company, is using or will probably use his right through the courts to enforce payment:
(1) removes, conceals or transfers property of the company to another; or
(2) maliciously creates false debts for the company; it such action is done in order to prevent the creditor from receiving full or part payment of the debt, shall be liable to imprisonment for a term of five to ten years and a fine of five hundred thousand to one million bath.

Section 75 septem. Any director, manager or person responsible for the operation of a company who cats or refrains from acting in order to obtain any unlawful gain for himself or another person to the damage of the company shall be liable to imprisonment for a period of five to ten years and a fine of five hundred thousand to one million baht.

Section 75 octo. Any director, manager or person responsible for the operation of a company who commits or permits the commission of the following acts:
(1) damage, destruction, alteration or falsification of accounts, documents or securities belonging to or concerning the company;
(2) false entry or failure to enter matters of import in the accounts or documents belonging to or concerning the company; or
(3) keeping books of accounts which are not complete, not correct or not up to date or contrary to true facts;it done or permitted in order to deceitfully deprive the company or the company’s shareholders of rightful gains, or to deceive any person, shall be liable to imprisonment for a period of five to ten years and a fine of five hundred thousand to one million baht.

Section 75 novem. Any auditor of a company who certifies a balance sheet or any other accounting statement which is incorrect, or makes a false report or violates the fourth paragraph of Section 23, shall be liable to imprisonment for a period of three months to three years and a fine of thirty thousand to three hundred thousand baht.

Section 75 decem. Whoever caused a director, a manager or a person responsible for the operation of company or the auditor to commit an offence provided in Section 75 bis, Section 75 ter, Section 75 quarter, Section 75 quinque, Section 75 sex, Section 75 septem, Section 75 octo or Section 75 novem, whether by employment, making order, threat, hire, or by any other means shall be liable to the same punishment as prescribed in such and such section.

Section 75 undecim. Whoever, by any means whatever, does any act to assist or facilitate a director, a manager or a person responsible for the operation of a company I committing the offence provided in Section 75 bis, Section 75 ter, Section 75 quarter, Section 75 quinque, Section 75 sex, Section 75 septem and Section octo, whether before or at the time of committing the offence, shall be liable to the same punishment as provided in such and such section unless the person does not know of such assistance or facility.

Section 75 duodecim. The public prosecutor, when instituting criminal prosecution under Section 75 bis, Section 75 ter, Section 75 quarter, Section 75 quinque, Section 75 sex, Section 75 septe, Section 75 octo, Section 75 novem, Section 75 decem or Section 75 undecim, shall have power to claim the restitution of the property or the value thereof or damages on behalf of the injured person and shall be exempted from the Court’s fee.

Section 75 tredecim. In the case where there is evidence that any person committed an offence under Section 75 bis, Section 75 ter, Section 75 quarter, Section 75 quinque, Section 75 sex, Section 75 septem, Section 75 octo, Section 75 novem, Section 75 decem or Section 75 undecim and the Bank of Thailand considers that damage to thepublic interest may be caused unless an immediate action is taken, the Bank of Thailand shall have power to order
the seizure or attachment of properties of that person, or properties which may legally be deemed to be properties bilonging to that person. The seizure or attachment may not be longer than one hundred and eighty days unless a case has been filed in Court, in which event the order of seizure or attachment shall continue to operate until the Court orders otherwise, Where circumstances render it impossible to file a case in Court within one hundred and
eighty days, the Court having territorial jurisdiction may extend the period of seizure or attachment as requested by the Bank of Thailand.

The Bank of Thailand shall have power to appoint officials of the Bank of Thailand to seize or attach properties under the first paragraph.

The provisions of the Revenue Code shall apply to seizure or attachment of properties under the first paragraph mutates mutandis.

In the case under the first paragraph, and where there is reasonable ground for suspecting that the said person is about to abscond from the Kingdom, the Criminal Court shall have power to restrain that person from leaving the Kingdom when requested by the Bank of Thailand, or in the case of emergency, when the Governor of the Bank of Thailand or a person designated by the Governor notify the Director General of the Police Department, the Director General of the Police Department shall have power to restrain that person from leaving the Kingdom for a temporary period not more than fifteen days until the Criminal Court orders otherwise.

Whoever violates the order of the Criminal Court or the Director General of the Police Department made under the provisions of the fourth paragraph shall be liable to imprisonment for a term not exceeding ten years and to a further fine not exceeding one million baht.

Section 76. In the case of an offence under Section 70, if the offender has not been prosecuted or the offence has not been settled out of court under Section 79 within one year from the date of a competent officer finding out such offence or within five years from the date of its commission, such offence shall, be prescription, by no longer subject to prosecution.

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