Can Spouses File Criminal Cases Against Each Other in Thailand?

Marriage is built on trust, mutual respect, and shared responsibilities. However, disagreements can arise, particularly concerning money, property, or conduct that may constitute a criminal offence.

When such disputes occur, an important question often arises: can a husband or wife take criminal legal action against their spouse under Thai law?

Generally, spouses may pursue criminal legal remedies against each other. However, Thai law provides a special exemption from criminal punishment for certain property-related offences committed between legally married spouses. Understanding this distinction is particularly important for international couples and foreign nationals living in Thailand.

1. Can Spouses Initiate Criminal Proceedings Against Each Other?

Under Thai law, marriage does not automatically protect a person from criminal liability. A husband or wife may pursue legal action where the other spouse's conduct constitutes a criminal offence, subject to the applicable legal procedures.

For example, physical assault, unlawful threats, and certain other criminal acts may give rise to criminal proceedings. However, Thai criminal law contains special provisions concerning certain property offences between spouses. It is therefore important to distinguish between the ability to initiate proceedings and whether criminal punishment may ultimately be imposed.

If you are considering proceedings, you may also wish to read our guide on criminal charges in Thailand and our overview of family law in Thailand.

2. Section 71 of the Thai Penal Code

Section 71 of the Thai Penal Code provides an exemption from punishment for certain offences committed by one spouse against the other. The provision covers specified offences under Sections 334 to 336, first paragraph, and Sections 341 to 364. These include certain offences such as:

Theft — Section 334

Dishonestly taking property belonging to another person.

Fraud — Section 341

Dishonestly obtaining property through deception where the statutory elements are satisfied.

Embezzlement — Section 352

Dishonestly converting property belonging to another person that is already in the offender's possession.

Property Damage — Section 358

Intentionally damaging or destroying another person's property in circumstances constituting a criminal offence.

For example, if a legally married spouse dishonestly takes property belonging to the other spouse, the conduct may satisfy the elements of theft. However, where Section 71 applies, the offender is exempt from criminal punishment for that offence. An exemption from criminal punishment does not mean that the conduct is lawful or that the affected spouse automatically loses their property rights. The application of Section 71 depends on the relevant offence, the legal marital status of the parties, and the circumstances of the case.

3. Which Criminal Offences Are Not Exempt?

Section 71 does not apply to every criminal offence committed between spouses. A husband or wife may still face criminal liability for offences outside the scope of this provision. Examples include:

Physical Assault

If one spouse physically injures the other, the conduct may constitute a criminal offence under Thai law.

Unlawful Threats or Coercion

Threatening or coercive conduct may give rise to criminal liability where the required legal elements are established.

Sexual Offences

Marriage does not provide a general exemption from criminal responsibility for sexual offences.

Each case must be assessed according to the relevant legal provisions and factual circumstances. For conduct that falls outside Section 71, you may also wish to read our guidance on criminal defense in Thailand.

4. What if One Spouse Takes Money Without Permission?

Financial disagreements are common in marital disputes, especially when one spouse transfers, withdraws, or uses money without the other's consent. Important questions may include:

• Was the money personal property or marital property?
• Who legally owned the funds?
• Did the other spouse have authority to manage the account?
• Was consent given for the transaction?
• What evidence is available to establish the purpose of the transfer?

Even where Section 71 provides an exemption from criminal punishment, the affected spouse may still have civil remedies. Depending on the circumstances, these may include recovery of property, compensation, or claims relating to marital assets. The appropriate legal remedy depends on the ownership of the property, the circumstances of the transaction, and the applicable law. For related guidance, see our article on marital property division.

5. What if One Spouse Is a Foreigner?

International marriages may involve additional legal considerations. For example, one spouse may be Thai while the other is a foreign national, or both spouses may be foreigners married outside Thailand.

Where an alleged criminal offence occurs in Thailand, Thai criminal law will generally be relevant under the applicable jurisdictional rules. However, questions concerning the validity of a foreign marriage, ownership of property, and marital property rights may require consideration of other legal principles. These may include Thailand's Civil and Commercial Code and the Conflict of Laws Act. Consequently, international marital disputes may require consideration of criminal law, family law, property law, and private international law.

6. What Should You Do if a Dispute Arises?

When a dispute involves money, property, or potentially criminal conduct, obtaining an accurate understanding of the legal position is important. Relevant documents may include:

• Bank statements and transfer records
• Written agreements
• Communications between spouses
• Documents establishing ownership of property
• Evidence of consent or authority to manage funds

Legal advice can help determine whether the circumstances give rise to criminal issues, civil claims, family law remedies, or a combination of these. In appropriate circumstances, negotiation or settlement may provide a constructive solution. Where violence or immediate safety concerns are involved, obtaining appropriate protection and assistance should take priority.

Conclusion

Marriage creates important legal rights and responsibilities, but it does not remove the individual legal protection available to either spouse. Under Thai law, spouses may pursue criminal legal remedies against each other in appropriate circumstances. At the same time, Section 71 of the Thai Penal Code provides a specific exemption from punishment for certain property-related offences between legally married spouses.

Whether criminal proceedings or civil remedies are appropriate depends on the nature of the conduct, the marital status of the parties, property ownership, and the applicable legal provisions. Seeking professional legal advice can help individuals understand their rights and make informed decisions.

Legal References

The following legislation is relevant to the issues discussed in this article:

• Thai Penal Code, Section 71 — Exemption from punishment for specified offences between spouses
• Thai Penal Code, Sections 334–336 — Theft and related offences, subject to the scope specified in Section 71
• Thai Penal Code, Sections 341–364 — Specified property-related offences
• Thai Civil and Commercial Code — Provisions concerning marital property and the rights of spouses
• Conflict of Laws Act B.E. 2481 (1938) — Relevant provisions for legal relationships involving foreign elements

The applicable Thai-language statutory provisions should be consulted. English translations may not reflect all legislative amendments.

Legal Assistance from NATHEE LEGAL FIRM

NATHEE LEGAL FIRM provides legal advice and representation to Thai and international clients in matters involving family law, divorce, marital property disputes, and related criminal issues. We understand that legal disputes involving family relationships can be sensitive and complex, particularly where different nationalities or legal systems are involved.

Our approach focuses on careful legal assessment, clear communication, and practical solutions tailored to each client's circumstances. For related matters, you may also wish to read our guides on divorce in Thailand and criminal defense for foreigners.

• Website: https://www.nathee-legal.com
• Telephone: +66 65 897 8507
• Email: nathee1704legalks@outlook.com

Legal Disclaimer: This article provides general legal information only and does not constitute legal advice for any specific case. The application of Thai law depends on the particular facts and circumstances.