Thailand Criminal Procedure Code Sections 40-51

Chapter 2

Penal Actions

Section 40 Civil lawsuits related to criminal cases may be filed with the court that is considering the criminal case or with the court that has the power to settle civil cases. Civil proceedings must be in accordance with the provisions of the Civil Procedure Code.

Section 41 If the civil trial will cause the criminal trial to be delayed or disrupted, the court has the power to order the civil case to be separated from the criminal case and considered separately by the court having jurisdiction

Section 42 in a civil trial if the evidence already presented in a criminal case is not sufficient The court may call additional evidence to examine.

In that case, the court will adjudicate the criminal case as a whole. As for civil cases, the decision can be made later.

Section 43 Cases of theft, snatching, robbery, robbery, piracy, extortion, fraud, embezzlement or receiving stolen property. If the injured person has the right to claim back the property or price that he lost as a result of the wrongdoing. When the prosecutor files a criminal case Also, demand property or price on behalf of the injured person.

Section 44 Reclaiming property or price according to the preceding section. The prosecutor may request to join the criminal case or submit the request at any stage while the criminal case is being considered in the Court of First Instance.

Judgments regarding the demand for property or price shall be included as part of the judgment in a criminal case.

Section 44/1 in cases where the public prosecutor is the plaintiff If the injured person has the right to claim compensation because of harm to life, body, mind, or damage to bodily freedom reputation or property damage as a result of the defendant’s wrongdoing The injured person may submit a petition to the court that is considering the criminal case to force the defendant to pay compensation to him or her.

Submitting a petition under paragraph one the victim must file a complaint before the witness examination begins. In the case where there is no witness examination, a request must be filed before the court decides on the case and it shall be considered that the said petition is a complaint under the provisions of the Civil Procedure Code and the injured person is in the position of plaintiff in that civil case. However, the said petition must show reasonable details regarding damages and the amount of compensation claimed. If the court finds that the petition lacks some important matters the court may order the petitioner to amend the petition to make it clearer.

The request under paragraph one may not include a request other than a request to compel the defendant to pay compensation as a result of the defendant’s offense in a criminal case and must not contradict or contradict the complaint in the criminal case in which the prosecutor is the plaintiff. And in the case where the public prosecutor has taken action in accordance with Section 43, the injured person cannot file a petition under paragraph one to demand property or the price of the property again.

Section 44/2 Upon receipt of a request under Section 44/1, the court shall notify the defendant. If the defendant gives any evidence or does not wish to have the testimony recorded by the court If the defendant wishes to make an affidavit, the court shall determine the period for submitting the affidavit as it deems appropriate and when the prosecutor finishes examining witnesses The court will allow the injured person to bring in witnesses to ascertain compensation as necessary. Or the court may consider and adjudicate the criminal case first and then consider and adjudicate the civil case later.

If it appears to the court that the person filing the petition under Section 44/1 is a poor person and is unable to procure a lawyer himself. The court shall have the power to appoint a lawyer for that person. The appointed lawyer is entitled to receive the award and expenses according to the regulations set by the Judiciary Executive Committee.

Section 45 In any case, even though a criminal case has already been filed, it does not take away the right of the injured party to sue in a civil matter.

Section 46 in the adjudication of civil cases the court must consider the facts as they appear in the criminal judgment.

Section 47 Judgments in civil cases must be in accordance with the provisions of the law regarding personal liability in civil matters. Regardless of whether the defendant has been convicted of an offense or not.

The price of the property that the defendant ordered to be used to the injured person. Let the court determine the true price. As for the amount of other compensation that the injured person will receive, the court shall determine damages according to the amount but not exceeding the request.

Section 48 When the court orders the return of property But the owner still hasn’t appeared. When did the owner appear? The officer who guards the item must return it to the owner.

In the event that the owner appears the court shall order the officer who guarded the item to return the item to the owner.

When there is an argument the person claiming to be the true owner of the property shall file a claim in the court having jurisdiction.

Section 49 Even though no civil lawsuit has been filed when adjudicating criminal cases the court may order the return of the seized property to the owner.

Section 50 In the case where the court orders the return or use of the value of the property or compensation to the injured person under Section 43, Section 44 or Section 44/1, the injured person shall be considered a creditor according to the judgment.

Section 51 If no one files criminal charges The right of the injured person to file a civil lawsuit for the offense shall be suspended according to the time limit as provided in the Criminal Code regarding the statute of limitations for filing criminal cases. Even though a minor or an insane person under Section 193/20 of the Civil and Commercial Code is the person who sued or was sued separately from the criminal case.

If any criminal case has been filed with the court and the offender has been brought to the court as well But the case is not yet decisive. The statute of limitations under which the injured party has the right to file a civil lawsuit is interrupted according to Section 95 of the Criminal Code.

If the plaintiff has filed a criminal case and the court has already sentenced the defendant to absolute punishment before filing a civil lawsuit. The right of the injured person to file a civil lawsuit is subject to the statute of limitations in Section 193/32 of the Civil and Commercial Code.

If the plaintiff files a criminal case and the court dismisses the case and releases the defendant until the case is resolved before filing a civil case. The right of the injured person to file a civil lawsuit has a statute of limitations according to the Civil and Commercial Code.

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