Police reports, criminal cases and protection for foreigners
Filing a complaint with an inquiry official under the Criminal Procedure Code, the three-month window for compoundable offences, defamation, fraud, bail, and the right to an interpreter.
When is severance not payable?
Section 119 lists the exceptions: dishonesty in the performance of duties or an intentional criminal offence against the employer; wilfully causing damage; gross negligence causing serious damage; violating lawful work rules after a written warning; three consecutive working days of absence without reasonable cause; and imprisonment under a final judgment. The ground must be stated in the termination letter, otherwise the employer cannot rely on it later.
Are there court fees in a Thai labour case, and how long does it take?
Labour cases are exempt from court fees under the Act on Establishment of and Procedure for Labour Court B.E. 2522, so an employee can file without paying a filing fee. The Labour Court leads with conciliation, and settled cases often close within a few hearings; fully contested cases take longer depending on each court's caseload. An alternative route is a complaint to the local labour inspector.
A developer breached the contract after a condominium reservation deposit — how is the money recovered?
First determine whether the payment is earnest money under sections 377–378 or a part payment of price. Where the seller is in breach, the buyer may claim the money back plus damages. Practically: gather the sale and purchase agreement, receipts and correspondence, serve a written notice fixing a period for performance, then terminate and sue if ignored. For licensed housing and condominium projects, a complaint to the Office of the Consumer Protection Board is an additional route.
Does a foreign party in a Thai court need an interpreter?
Thai courts conduct proceedings in Thai, so a party who does not understand Thai needs an interpreter when giving evidence, and foreign-language documents must be filed with certified Thai translations. In criminal matters the Criminal Procedure Code requires an interpreter for a suspect or defendant who cannot use Thai. Preparing translations in advance reduces adjournments of witness hearings.
What is the benefit of mediation before filing suit?
The Dispute Mediation Act B.E. 2562 allows out-of-court mediation of civil and certain criminal disputes, and the courts operate pre-litigation mediation under section 20 ter of the Civil Procedure Code. It is faster and cheaper and preserves commercial relationships. A settlement reached in court-annexed mediation can be entered as a judgment by compromise, giving it the same enforceability as a judgment.
A foreigner has been defrauded in Thailand — how is a police report filed?
Lodge a complaint with the inquiry official at the police station for the locality where the offence occurred, with evidence: transfer slips, chat records, contracts and destination account details. Online-crime cases can also be reported through the government's online crime response centre. Obtain a copy of the daily record, and check that it records a complaint requesting prosecution rather than a mere memorandum of facts.
Is there a deadline to complain in a compoundable offence?
Yes. For compoundable offences such as fraud and defamation, the injured person must complain within three months of knowing of the offence and the identity of the offender, or the criminal case is time-barred under section 96 of the Penal Code. Waiting while negotiating privately is the most common reason complainants lose their rights. Civil damages claims run on their own separate prescription periods.
Is defamation a criminal offence in Thailand?
Yes, under sections 326–328 of the Penal Code, and publication through media, including online media, falls under section 328 with a heavier penalty. Posting criticism of a business or an individual therefore carries greater legal risk in Thailand than in many countries. The exemptions in section 329 and the proof of truth in section 330 apply on specific conditions — truth alone is not always a defence.
What rights does a foreign suspect have during the investigation stage?
The Criminal Procedure Code gives a suspect the right to meet and consult a lawyer in private, to have the lawyer present during questioning, to be informed of the allegation and of the right to remain silent, and to an interpreter if he cannot use Thai. The suspect may also apply for provisional release on security, and may have his embassy or consulate notified under the principle of consular access.
I have been reported to the police in Thailand — what should I do first?
Say nothing substantive until a lawyer and an interpreter are present. A suspect has the right to consult counsel, to an interpreter if they do not understand Thai, and to remain silent. Then establish the exact charge, review bail conditions and security, and contact your embassy for consular assistance. Giving statements in Thai you did not fully understand is the single biggest source of problems later at trial.
What can be used as bail security in a criminal case?
Cash, a bank passbook with a bank confirmation letter, a title deed with an official valuation, a bail-bond insurance certificate, or a qualifying person acting as surety. The amount follows the court's standard schedule for the offence and its penalty. For foreign suspects courts weigh flight risk more heavily and may add conditions such as a travel ban or scheduled reporting.
How serious is defamation in Thailand, and what is the online risk?
Defamation is a criminal offence here, not merely a civil claim. Imputing something to another person before a third party in a way likely to damage reputation carries fines and imprisonment, and doing so by publication or online increases the penalty, sometimes alongside Computer Crime Act exposure. Negative reviews, landlord disputes and naming-and-shaming posts generate a large share of foreigner cases.
My employer or landlord is holding my passport — what can I do?
A passport belongs to the issuing state and stays in the holder's possession; a private party has no legal power to retain it as leverage. Send a written demand, keep records of all contact, and if it is still withheld, file a police report and notify your embassy. Where it is linked to forced labour, considerably more serious criminal offences may apply.
How do small-claims and consumer cases differ from ordinary civil suits?
Small claims below the statutory threshold follow a summary, low-cost procedure. Consumer cases are deliberately claimant-friendly: filing fees are exempt, case officers help draft the complaint, and the business bears the burden of proof on certain facts. Foreign consumers in Thailand can use this track, and it typically resolves far faster than an ordinary civil action.
What rights do I have if charged with an offence in Thailand and I do not speak Thai?
An accused person is entitled to an interpreter in proceedings when they do not understand Thai, to meet and consult a lawyer, not to give statements adverse to themselves, and to apply for provisional release under the court's criteria. Prepare your passport, proof of your Thai address, and security if applying for bail. The critical risk is signing a Thai-language record that has not been fully interpreted, so request an interpreter and a lawyer before giving any statement.
Other topics
Official sources referenced
- • สำนักงานคณะกรรมการกฤษฎีกา — ป.พ.พ. ป.วิ.พ. และ ป.วิ.อ. (krisdika.go.th)
- • กรมสวัสดิการและคุ้มครองแรงงาน — พ.ร.บ.คุ้มครองแรงงาน พ.ศ. 2541 (labour.go.th)
- • ศาลแรงงานกลาง — วิธีพิจารณาคดีแรงงาน (labourcourt.coj.go.th)
- • สำนักงานศาลยุติธรรม — ค่าธรรมเนียมศาลและการไกล่เกลี่ย (coj.go.th)
- • สถาบันอนุญาโตตุลาการ THAC (thac.or.th)
- • สถาบันอนุญาโตตุลาการ TAI สำนักงานศาลยุติธรรม (tai.coj.go.th)
- • กรมพัฒนาธุรกิจการค้า — พ.ร.บ.การประกอบธุรกิจของคนต่างด้าว พ.ศ. 2542 (dbd.go.th)
- • กรมบังคับคดี — การบังคับคดีตามคำพิพากษา (led.go.th)
- • สภาทนายความในพระบรมราชูปถัมภ์ (lawyerscouncil.or.th)
- • กรมการกงสุล — นิติกรณ์และรับรองคำแปล (consular.mfa.go.th)
- • HCCH — Apostille Convention (มีผลกับไทย 28 ก.พ. 2570)
Government fees and processing times on this page were last verified in July 2026 by our Notarial Services Attorneys registered with the Lawyers Council of Thailand. Figures follow published agency schedules, may change without notice, and actual turnaround depends on each authority's queue. Please reconfirm with the issuing authority before you file.