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Mediation Act Section 35 — Criminal disputes that may be mediated, and effect on prosecution
Mediation Act (พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท) — Section 35.
Plain-English Summary
Criminal mediation is available for compoundable offences and for the petty offences in Criminal Code Sections 390, 391, 392, 393, 394, 395 and 397, plus other petty offences not affecting the public that a Royal Decree sets. When the parties make a settlement, the right to prosecute is treated as extinguished only as against the parties to the settlement. Where the settlement has a related civil claim, Section 37 extinguishes the right to prosecute only once the parties have performed the civil part; if a party does not perform, the other may apply to enforce under Section 32. So where a related civil claim exists, finality depends on the civil terms being performed.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Mediation Act
พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท · B.E. 2562 (2019)
The Mediation Act B.E. 2562 (2019) provides a statutory framework for mediating civil disputes and certain criminal disputes outside court proceedings; mediation inside court proceedings and at the enforcement stage is outside the Act's definition (Section 3). Mediators are registered under Sections 9 and 10. Civil mediation is limited by Section 20, which excludes personal status, family rights and ownership of immovable property and sets a claim-value cap, and criminal mediation is limited to the offences in Sections 35 and 41. A written settlement agreement (Section 30) can be enforced by applying to the court (Section 32), and the court must order enforcement unless one of the Section 33 grounds is shown.
The summary above is a plain-English educational paraphrase of Section 35 of the Mediation Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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