Victims Who Have the Right to File a Criminal Complaint or Prosecute a Criminal Case in Thailand

A victim plays an important role in Thailand's criminal justice system. A person who suffers damage as a result of a criminal offense may, in cases permitted by law, have the right to file a criminal complaint, initiate criminal proceedings, participate in a criminal prosecution, and claim compensation from the offender.

1. Who Is Considered a Victim?

Under Section 2(4) of the Thai Criminal Procedure Code, a "victim" means a person who has suffered damage as a result of the commission of a criminal offense, including other persons who are legally authorized to act on behalf of the victim.

A victim may be an individual and, in certain circumstances, a juristic person, provided that the juristic person has directly suffered damage from the criminal act.

However, merely being affected by an incident does not necessarily mean that a person has the legal status of a "victim" under Thai law.

2. A Direct Victim Has the Right to File a Criminal Complaint

Generally, a person who has directly suffered damage from a criminal offense may file a complaint with the police or inquiry officer and request that criminal proceedings be initiated against the offender.

Examples include cases involving:

• Assault or bodily harm
• Fraud
• Damage to property
• Theft
• Forgery of documents resulting in damage
• Defamation
• Fraudulent inducement to transfer money
• Other conduct that constitutes a criminal offense

For certain compoundable offenses, such as certain forms of defamation or fraud, the victim must pay particular attention to the statutory time limit for filing a complaint. Failure to file the complaint within the prescribed period may result in the loss of the right to prosecute.

3. What Is the Difference Between Filing a Complaint and Filing a Criminal Case?

Filing a criminal complaint means reporting an alleged offense to the competent authorities with the intention that the offender be prosecuted and punished.

A victim should provide information concerning:

1. 01The alleged offenderIdentity and particulars of the person who committed the offense, where known.
2. 02The circumstances of the incidentA clear account of what occurred.
3. 03The date, time, and place of the incidentSpecific details establishing when and where the offense took place.
4. 04The damage sufferedA description of the harm or loss resulting from the offense.
5. 05WitnessesPersons who can testify to the relevant facts.
6. 06Documentary evidenceContracts, receipts, records, and other documents supporting the complaint.
7. 07Electronic evidenceMessages, emails, chat records, or bank-transfer records.

A criminal prosecution, on the other hand, involves bringing the case before the court.

Under Thai law, a victim who meets the relevant legal requirements may file a criminal case directly with the court. In some circumstances, the victim may also participate as a co-plaintiff with the public prosecutor.

4. Can a Victim Personally Prosecute a Criminal Case?

Yes. Where the legal requirements are satisfied, a victim may have the right to bring a criminal case directly before the court.

Section 28 of the Criminal Procedure Code provides that the persons having the authority to institute a criminal prosecution include:

• The public prosecutor
• The victim

Therefore, a victim is not limited to reporting the matter to the police. In appropriate cases, the victim may act as the plaintiff and initiate criminal proceedings before the court.

However, initiating a criminal case independently involves legal procedures and evidentiary requirements. The facts and available evidence should therefore be carefully assessed before filing.

5. Who Can Act on Behalf of a Victim?

In certain circumstances, a victim may be unable to exercise his or her legal rights personally. Thai law therefore allows certain persons to act on behalf of the victim.

This may arise where:

• The victim is a minor
• The victim has died
• The victim is unable to exercise his or her rights personally
• The victim is a juristic person
• A legal representative or another person is legally authorized to act on the victim's behalf

Section 3 of the Criminal Procedure Code provides principles concerning persons who may act on behalf of a victim.

Importantly, simply being a relative of the victim does not automatically mean that the person has legal authority to file a complaint or prosecute a case on the victim's behalf.

6. Can a Victim Join the Public Prosecutor as a Co-Plaintiff?

Yes.

Where the public prosecutor has already instituted criminal proceedings, the victim may, subject to the law, submit an application to join the public prosecutor as a co-plaintiff under Section 30 of the Criminal Procedure Code.

Joining the prosecution as a co-plaintiff can give the victim a more direct role in the proceedings and allow the victim to exercise the rights available to a party to the case.

However, the court must determine whether the applicant qualifies as a legal "victim" and whether the applicant has the statutory right to participate as a co-plaintiff.

7. Can a Victim Claim Compensation in a Criminal Case?

Yes. In addition to criminal prosecution, a victim may be entitled to seek compensation for civil damages resulting from the criminal offense.

Section 44/1 of the Criminal Procedure Code allows a victim who has a claim for property or compensation arising from the criminal offense to submit an application requesting the defendant to pay compensation in a criminal case prosecuted by the public prosecutor, subject to the conditions and procedures prescribed by law.

Compensation may include, depending on the circumstances and evidence:

• Medical expenses
• Property repair costs
• Money or property lost
• Loss of income
• Other legally recoverable damages

8. What Evidence Should a Victim Collect?

A victim should preserve evidence as soon as possible after the incident.

Documentary Evidence

Examples include:

• Contracts
• Receipts
• Invoices
• Bank-transfer records
• Demand letters
• Official documents

Electronic Evidence

Examples include:

• LINE messages
• WhatsApp messages
• Facebook Messenger conversations
• Emails
• SMS messages
• Photographs
• Video recordings
• CCTV footage
• Bank-transfer evidence

The original electronic files should be preserved whenever possible. Screenshots alone may not always be sufficient to establish the relevant facts.

Witnesses

The victim should identify:

• Eyewitnesses
• Persons present at the scene
• Persons who have direct knowledge of the circumstances
• Persons who can testify concerning the damage suffered

9. What If the Victim Is a Foreigner?

A foreigner who suffers damage as a result of a criminal offense in Thailand may, depending on the circumstances, have the right to file a criminal complaint and pursue legal remedies under Thai law.

For example:

Where documents or witnesses are in a foreign language, certified translations or additional document procedures may be required depending on the circumstances of the case.

10. What Should a Victim Do After a Criminal Offense?

A victim should take action as soon as possible, particularly where the law imposes a specific time limit for filing a complaint.

Recommended Initial Steps

1. 01Collect and preserve all available evidenceSecure documents, electronic records, and witness information before they are lost.
2. 02Record the date, time, place, and circumstances of the incidentA clear contemporaneous record strengthens the complaint.
3. 03Determine whether the conduct constitutes a criminal offenseAssess the facts against the relevant provisions of Thai law.
4. 04Determine whether the offense is compoundableCompoundable offenses may carry specific procedural requirements.
5. 05Check the applicable statutory time limit for filing a complaintMissing the deadline may bar the right to prosecute.
6. 06File a complaint with the inquiry officerLodge the formal complaint with the competent authority.
7. 07Follow up on the investigationMonitor progress and provide additional evidence as required.
8. 08Consider whether there is a right to join the case as a co-plaintiffParticipation as a co-plaintiff may provide a more direct role.
9. 09Consider claiming compensationA civil claim for damages may be pursued in the criminal proceedings.
10. 10Seek legal advice before taking further actionObtain counsel where the facts are complex or the consequences significant.

11. Not Everyone Affected by an Incident Is Legally a "Victim"

One of the most important issues in criminal proceedings is determining whether the person claiming to be a victim has actually suffered direct damage resulting from the criminal offense.

The fact that someone feels adversely affected by an incident does not necessarily establish legal standing as a victim.

Accordingly, before filing a complaint or commencing proceedings, it is important to analyze:

Criminal act → Legal victim → Direct damage → Right to prosecute

An incorrect assessment of the victim's legal status at the beginning of a case may create problems concerning the validity of the complaint, participation as a co-plaintiff, or the victim's ability to institute proceedings.

Conclusion

A victim of a criminal offense in Thailand may have more than the right to report the matter to the police. Depending on the circumstances and applicable law, a victim may have the right to file a criminal complaint, institute a criminal prosecution personally, join the public prosecutor as a co-plaintiff, and claim compensation from the defendant.

The victim's rights depend on the nature of the offense, the victim's legal status, the available evidence, and the requirements of the Thai Criminal Procedure Code and other relevant laws.

Particular attention should be given to compoundable offenses, because the law may impose a specific time limit for filing a complaint. A victim should therefore obtain appropriate legal advice and take action promptly to protect his or her rights.

Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The application of the Thai Criminal Procedure Code depends on the specific facts and documents of each case. A person who has suffered damage from a criminal offense should obtain legal advice based on their particular circumstances.