Forgery in Thailand can be a serious criminal offence. Creating a false document, altering a genuine document, using a false signature, or knowingly using a forged document may result in criminal prosecution under the Thai Criminal Code.
For foreigners living, working, or doing business in Thailand, allegations of document forgery can arise in connection with contracts, passports and identification documents, land transactions, company documents, powers of attorney, bank documents, wills, immigration documents, and other official records.
This article explains the main Thai criminal law provisions concerning document forgery, potential penalties, and what you should do if you are accused.
1. What Is Document Forgery Under Thai Law?
The primary provision concerning document forgery is Section 264 of the Thai Criminal Code.
In general, a person may commit document forgery by:
- Creating a completely false document
- Creating only part of a false document
- Adding or removing information from a genuine document
- Altering a genuine document
- Using a false seal
- Using another person's false signature
- Filling in information on a document bearing another person's signature without proper consent in circumstances covered by the law
However, not every alteration to a document automatically constitutes a criminal offence.
Section 264 requires consideration of whether the conduct was likely to cause damage to another person or the public and whether it was done with the purpose of making another person believe that the document was genuine.
2. Penalty for Forgery Under Section 264
Under Section 264, ordinary document forgery is punishable by:
Imprisonment of up to 3 years, a fine of up to THB 60,000, or both.
The precise circumstances of the alleged offence are important because more serious penalties may apply when the document is an official document, a document of right, a will, or certain financial or negotiable instruments.
3. Forging Official Documents or Documents of Right
Section 265 of the Thai Criminal Code applies where a person forges a document of right or an official document.
The penalty is:
- Imprisonment from 6 months to 5 years; and
- A fine from THB 10,000 to THB 100,000.
Examples may include certain government documents or documents establishing or evidencing legal rights.
Whether a particular document falls within Section 265 depends on the legal nature of the document, not simply whether it was issued by an organisation or appears official.
4. Forgery of Particularly Important Documents
Section 266 provides more severe penalties for certain specified documents.
These include:
- 01A document of right that is also an official document
- 02A will
- 03Certain share certificates, debentures and related instruments
- 04Bills
- 05Negotiable certificates of deposit
The penalty may be:
Imprisonment from 1 to 10 years and a fine from THB 20,000 to THB 200,000.
Because the potential punishment is substantially higher, it is important to identify exactly what type of document is involved in the allegation.
5. What If You Did Not Create the Forged Document?
A person does not necessarily avoid criminal liability simply because they did not personally create the forged document.
Section 268 concerns the use or citation of a document resulting from an offence under Sections 264, 265, 266 or 267.
In circumstances specified by the law, knowingly using or relying upon a forged document may result in the punishment prescribed for the underlying forgery offence.
For example, a person might be accused of using a forged document even though another person allegedly created it.
The prosecution may therefore focus not only on who created the document, but also on:
- Who possessed it
- Who submitted it
- Who relied upon it
- Whether the person knew it was false
- How the document was obtained
- What purpose the document was used for
6. False Information Given to a Government Official
Another provision that may become relevant is Section 267.
This provision concerns causing an official, in the execution of their duties, to make a false entry in a public or official document intended to be used as evidence, where the conduct is likely to cause damage to another person or the public.
The penalty is imprisonment of up to 3 years, a fine of up to THB 60,000, or both.
This can be particularly relevant in cases involving government applications, official registrations, or documents submitted to government authorities.
7. False Professional Certification
Section 269 addresses certain false professional certifications.
It can apply where, in the course of professional work such as medicine, law, accounting, or another profession, a person makes a false certification in a document in circumstances likely to cause damage to another person or the public.
The penalty can be imprisonment of up to 2 years, a fine of up to THB 40,000, or both.
8. Examples of Document Forgery Cases
Forgery allegations can arise in many situations, including:
Property Transactions
A person may be accused of altering or creating documents relating to ownership, powers of attorney, or property transactions.
Business and Corporate Documents
Forgery may involve company resolutions, contracts, shareholder documents, signatures, or other corporate records.
Bank Documents
Allegations may involve forged signatures, applications, instructions, or financial documents.
Wills and Inheritance
Because wills are specifically addressed under Section 266, allegations involving a forged will can carry particularly serious consequences.
Immigration Documents
Foreigners may face serious consequences if they are accused of using forged documents in connection with immigration or other official procedures.
Contracts
A dispute over a contract does not automatically mean that forgery has occurred. The circumstances surrounding the creation, signing, alteration, and use of the document must be examined carefully.
9. Is Changing a Document Always Forgery?
No.
A document may be amended legitimately with the authority or consent of the relevant parties.
The criminal issue arises when the conduct falls within the elements of the applicable offence, including the required circumstances concerning potential damage and the intention to cause another person to believe that the document is genuine.
For this reason, an allegation that someone "changed a document" should not automatically be treated as proof of criminal forgery.
The evidence and circumstances surrounding the alteration are critical.
10. What If Someone Forged Your Signature?
Forgery of a signature can potentially constitute document forgery under Section 264.
The Office of Justice Affairs explains that placing another person's signature on a document or filling in information on a document bearing another person's signature may constitute forgery in circumstances specified by Section 264.
If your signature has allegedly been forged, you should preserve:
- The original document
- Copies of the document
- Emails and messages concerning the document
- Information showing who possessed the document
- Relevant contracts or correspondence
- Evidence concerning the genuine signature
- Any evidence showing how the forged document was used
11. What Should You Do If You Are Accused of Forgery?
If you are accused of document forgery in Thailand, you should take the allegation seriously.
Step 1: Obtain a copy of the document
Find out exactly which document is alleged to be forged.
Step 2: Identify the specific allegation
Determine whether the allegation concerns:
- Creating the document
- Altering a genuine document
- Forging a signature
- Forging an official document
- Using a forged document
- Providing false information to an official
Step 3: Preserve evidence
Do not delete emails, messages, files, photographs, or other records that may establish the history of the document.
Step 4: Establish the document's history
A lawyer may need to determine:
- Who prepared the document
- Who signed it
- When it was created
- Who edited it
- Who possessed it
- How it was transmitted
- How it was ultimately used
Step 5: Obtain legal advice before giving important statements
If you have received a police summons, been contacted by investigators, or face an allegation of forgery, obtaining legal advice before providing detailed statements can help you understand your legal position and protect your rights.
12. What If You Are a Foreigner Accused of Forgery in Thailand?
Foreigners can face criminal proceedings in Thailand for offences committed under Thai law.
Depending on the circumstances, a foreign suspect may be arrested or required to attend an investigation. Bail may be available in appropriate cases, depending on the offence and circumstances. The Thai government's information on bail for foreign suspects specifically identifies forgery and use of forged documents under Sections 264 and 268 among offences for which bail procedures may apply.
A foreigner should also consider potential immigration consequences separately from the criminal case.
13. Forgery and the Computer Crimes Act
Modern document-forgery cases may also involve electronic evidence, such as:
- PDF documents
- Scanned signatures
- Digital photographs
- Emails
- Online applications
- Electronic company documents
- Information stored in computer systems
However, not every electronic document dispute is automatically a Computer Crimes Act offence.
The applicable law depends on what was done with the electronic data and the specific facts of the case. A case may potentially involve the Thai Criminal Code, the Computer Crime Act, or other legislation depending on the conduct.
14. Forgery and Fraud Are Not the Same Offence
Forgery and fraud can arise from the same transaction but they are legally distinct offences.
For example, a person may allegedly create a false document and then use it to obtain money or property.
In such circumstances, authorities may investigate both the alleged document offence and other criminal conduct, depending on the evidence.
Therefore, it is important to assess the entire transaction, rather than looking only at the document itself.
15. If You Are the Victim of Document Forgery
If someone has allegedly forged your signature or created and used a false document, you should preserve evidence and consider reporting the matter to the appropriate authorities.
Depending on the circumstances, you may also have potential civil claims for damages.
A lawyer can help assess:
- Whether a criminal complaint should be made
- What evidence should be submitted
- Whether expert examination of the document or signature is appropriate
- Whether civil proceedings should also be considered
- How to respond if the forged document has already been submitted to a government agency, court, bank, or other organisation
16. Why Legal Advice Is Important in Forgery Cases
Forgery cases are often evidence-intensive.
A document may appear suspicious but the prosecution still needs to establish the elements of the relevant offence. Conversely, a person who did not physically create a document may still face allegations concerning its use.
The legal analysis should therefore consider:
The document + the alteration + the person involved + knowledge + intention + potential damage + use of the document + available evidence.
Conclusion
Forgery in Thailand can result in significant criminal penalties, particularly where official documents, documents of right, wills, or certain financial documents are involved.
The main provisions include Sections 264–269 of the Thai Criminal Code, with penalties varying according to the type of document and the conduct involved.
If you have been accused of forging a document, using a forged document, or submitting a document that another person claims is false, you should obtain legal advice promptly.
A lawyer can review the document, evidence, circumstances surrounding its creation and use, and the applicable criminal provisions to determine the appropriate legal strategy.
Need Legal Assistance With a Forgery Case in Thailand?
Nathee Legal Firm provides legal assistance in criminal cases involving document forgery, forged signatures, official documents, contracts, business documents, and the use of allegedly forged documents.
If you have received a police summons, are under investigation, or have discovered that someone has used a forged document against you, contact a Thai lawyer for an assessment of your case.
Nathee Legal Firm – Legal Assistance Across Thailand
This article provides general legal information and does not constitute legal advice. The application of Thai law depends on the specific facts and evidence of each case.