Claiming from the Thai Crime Victim Compensation Fund

TL;DR

Victims of serious crime in Thailand — including foreigners — can claim state compensation under the Damages for Injured Persons and Compensation and Expenses for the Defendant in the Criminal Case Act B.E. 2544 (2001) (พระราชบัญญัติค่าตอบแทนผู้เสียหาย และค่าทดแทนและค่าใช้จ่ายแก่จำเลยในคดีอาญา พ.ศ. 2544). The scheme is administered by the Department of Rights and Liberties Protection (กรมคุ้มครองสิทธิและเสรีภาพ) under the Ministry of Justice (กระทรวงยุติธรรม). Qualifying offences are serious bodily-harm crimes — murder, attempted murder, sexual offences, serious assault, kidnapping — not property crimes alone. The deadline is 1 year from the date the offence was reported to police. Foreigners are eligible on equal terms with Thais, with no residency requirement. Typical awards: medical expense reimbursement up to THB 50,000, funeral allowance up to THB 50,000, lump-sum compensation up to THB 250,000 for serious harm, plus dependants' allowances. Refusal can be appealed administratively and ultimately to the Administrative Court.

Statutory Basis

The 2001 Act created two distinct schemes:

• Compensation for victims (ค่าตอบแทนผู้เสียหาย) — for individuals harmed by criminal offences listed in the Schedule.
• Compensation for wrongfully accused defendants (ค่าทดแทนแก่จำเลย) — for those acquitted after detention, covered in a separate guide.

The Act is grounded in Section 245 (now Section 25 in the 2017 Constitution as renumbered through amendments) recognising state responsibility for protecting victims of crime. Schedule of qualifying offences is set out in the Act itself and refined by Ministerial Regulations.

Qualifying Offences

The principle is bodily harm or death; pure property losses are dealt with via civil action against the offender, not the state fund.

Eligibility for Foreigners

Section 17 of the Act and its implementing regulations do not impose a nationality requirement. Foreigners — tourists, expats, residents — are eligible on equal terms with Thai nationals. The criteria are:

• The offence occurred in Thailand;
• It was reported to Thai police;
• The applicant was the direct victim, or — if the victim died — the spouse, parent, or child of the victim;
• The applicant did not provoke or consent to the offence (Section 17(3));
• The application is filed within 1 year of reporting the offence.

Application Procedure

1. Report to police (Por.Jor.Wor / ป.จ.ว.). The police report is the trigger document. It must precede the application.
2. Obtain the application form (คำขอ). Available at any provincial Department of Rights and Liberties Protection office, at most criminal court legal aid clinics, and via the Ministry of Justice website.
3. File the application. In person at any provincial office, or through approved Justice Fund agents in remote areas. Application may be filed in any province — not restricted to where the offence occurred.
4. Provide supporting documents:
   • Passport / Thai ID;
   • Original police report (Por.Jor.Wor.);
   • Medical certificate (for injury) or autopsy report (for death);
   • Medical bills and receipts;
   • Funeral receipts (if applicable);
   • Family registration documents proving relationship if claiming as dependant.
5. Decision. The Damages and Compensation Committee meets monthly; decisions typically within 60-90 days.
6. Payment. Direct deposit to nominated bank account once approved.

Award Tiers

Headline maxima under the Ministerial Regulations issued under the Act (subject to periodic upward revision):

• Medical expense reimbursement — up to THB 50,000 based on receipts.
• Funeral allowance — up to THB 50,000 for deceased victims.
• Lump-sum compensation for serious harm — up to THB 250,000 for permanent disability or death (subject to Committee discretion based on severity).
• Dependants' allowance — monthly payments where the deceased was a breadwinner, capped at defined annual amounts.
• Mental health treatment — covered where supported by certified psychiatric assessment, particularly in sexual offence cases.

Awards are gross; they do not reduce any civil-action damages the victim may also pursue against the offender, but the Fund may subrogate against the offender for amounts paid.

Appeal Pathway

If the Committee refuses or under-awards:

• Administrative review within the Committee — typically a request for reconsideration with new evidence.
• Administrative Court under the Establishment of Administrative Courts and Administrative Court Procedure Act B.E. 2542 (1999) — appeals lie because the Committee is exercising state administrative power.

Time limits for Administrative Court action are 90 days from the date of the contested decision.

Common Mistakes

Avoid these traps:

• Missing the 1-year deadline. Late applications are generally rejected; the deadline runs from police report, not date of injury.
• Filing for a property crime only. Theft and fraud without bodily injury are not covered.
• Forgetting medical receipts. Out-of-pocket medical costs require receipts; estimates are not enough.
• Assuming the offender must be caught. The Fund pays even where the offender is unidentified, provided the offence is reported and supported.
• Confusing victim compensation with civil damages. They are separate; you may pursue both, with appropriate offset rules.

FAQs

1. Can a tourist whose family member was killed in Thailand claim?

Yes — spouses, parents, and children of the deceased can claim regardless of nationality.

2. Is there a means test?

No formal income test, but the Committee considers individual circumstances; awards are need-aware.

3. Can I claim if I was injured in a road accident?

Generally not under this Fund — road traffic injuries are covered by the พ.ร.บ. (CTP insurance) scheme. The Crime Victim Fund covers criminal offences, so reckless driving causing death/grievous harm prosecuted under the Penal Code may qualify.

4. Does the application require Thai language?

Forms are in Thai. Foreign applicants typically use a translator or a legal aid clinic; the Department of Rights and Liberties Protection has multilingual support in major cities.

5. How long does payment take after approval?

Typically 30-60 days after the Committee approves, by bank transfer.

Related Reading

• How to Report a Crime in Thailand as a Foreigner
• How to File a Police Report in Thailand
• Administrative Court Thailand: Judicial Review
• Juvenile and Family Court Procedures