Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Criminal Breach of Trust in Thailand
Violation of fiduciary duty by persons in positions of trust.
Section 352-354 Criminal Code, Section 353 (Fiduciary Enhancement)
Up to 10 years imprisonment and/or fine up to 20,000 THB
serious
Definition
Violation of fiduciary duty by persons in positions of trust. Under Thai law, this offence is classified as a serious offence within the category of Property Offences.
Legal Basis
Section 352-354 Criminal Code
Primary legislative provision for criminal breach of trust offences.
Section 353 (Fiduciary Enhancement)
Primary legislative provision for criminal breach of trust offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Accused held position of trust (director, manager, executor, trustee)
Property was entrusted in that fiduciary capacity
Dishonest misappropriation or use contrary to purpose
Violation of fiduciary duty
Damage to the principal or beneficiary
Penalties
Maximum Penalty
Up to 10 years imprisonment and/or fine up to 20,000 THB
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Actions were within scope of authority
Good faith business judgment
Proper authorization from principal
No personal benefit obtained
Honest belief in entitlement
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreign directors and managers face enhanced scrutiny. Corporate misconduct can result in both criminal liability and visa/work permit cancellation.
When Legal Representation Matters
If you are accused of criminal breach of trust or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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