Crime Victim Compensation in Thailand: Damages for Victims of Criminal Acts Act

TL;DR

The Damages for the Injured Person and Compensation and Expense for the Accused in Criminal Cases Act B.E. 2544 (2001) (พระราชบัญญัติค่าตอบแทนผู้เสียหายและค่าทดแทนและค่าใช้จ่ายแก่จำเลยในคดีอาญา) provides state-funded compensation for victims of serious criminal acts and for wrongfully prosecuted accused. The fund is administered by the Department of Rights and Liberties Protection (กรมคุ้มครองสิทธิและเสรีภาพ) under the Ministry of Justice. Foreign nationals victimised by crime in Thailand are generally eligible. Application is to the Department; awards cover medical expenses, lost income, and statutory compensation amounts.

Covered Offences

• Offences against life and body (Penal Code B.E. 2499 (1956) §288-§308) — murder, assault, sexual offences.
• Offences resulting in serious bodily injury or death.
• Sexual offences regardless of injury level.

Eligibility

Compensation Scope

• Medical and rehabilitation expenses.
• Funeral expenses (death cases).
• Lost income (statutory caps).
• Statutory compensation amounts by offence category.
• Psychological / psychiatric treatment costs.

Application Process

1. File with the Department of Rights and Liberties Protection at the Ministry of Justice or provincial offices.
2. Submit: police report, medical certificates, death certificate (if applicable), evidence of relationship to victim.
3. Department review and investigation.
4. Committee decision; award notification.
5. Appeal to Administrative Court if denied.

Foreign Victims

• Foreign victims of qualifying offences in Thailand are generally eligible.
• Embassy assistance can help with applications.
• Compensation amounts are in THB; transfer to overseas victims is administratively arranged.

Common Mistakes

Avoid these traps:

• Missing the application window.
• Inadequate documentation — police reports and medical certificates are critical.
• Not pursuing civil action separately — state compensation does not preclude private civil claims against the offender.
• Pursuing only criminal complaint and missing the separate compensation track.

FAQs

1. Do I need to wait for criminal conviction?No — compensation can be granted independently of criminal proceedings. The standard is whether the victim suffered injury from a qualifying offence.

2. Are compensation amounts substantial?Capped under statutory schedules. Amounts vary by offence and injury severity. The fund is intended as state-backed minimum compensation, not a substitute for full civil recovery.

3. Can the family of a deceased victim claim?Yes — spouse, children, parents have standing for death-case compensation.

4. Can compensation be received in parallel with civil action?

Yes — state compensation under the Act does not preclude civil recovery from the offender. Settlement with the offender is taken into account when calculating the state award.

5. Is there a maximum award?

Yes — caps are set by ministerial schedules per offence category. Total awards are typically modest by international standards; significant cases supplement state compensation with civil action.

Related Reading

• Criminal Law Hub
• Traffic Accident