There are 2 types of criminal offences which are compoundable offences and public offences. First, public offences such as theft, public cheating and fraud, murder and battery are offences that the state needs to prosecute offenders whether the injured person wish. However, the offender needs to be “prosecuted and brought to the court within” the statute of limitations.(section 95 The Criminal Code Thai-English translated by Soutpaisal Law page 74.) Prescription for public offences is 1 years to 20 years which depend on severity of the offense according to section 95 of the Criminal Code. For example, the prescription of murder is 20 years and it is 10 years for theft. Second, compoundable offences such as cheating and fraud, misappropriation and embezzlement are offences that offenders are not prosecuted by state and not be arrested by policies unless the injured person makes a complaint at the police station. Moreover, the injured person needs to make a complaint for compoundable offences within 3 months otherwise “the right to institute a criminal prosecution is extinguished by prescription”.(section 39 The Criminal Procedure Code by Soutpaisal Law page 30.) Nevertheless, if the injured person makes a complaint within 3 months, the prescription shall be more than 3 months the same as the prescription ( 1 to 20 years which depend on severity) of public offences according to section 95. You do not need to make a complaint within 3 months for public offences. However, if you are not sure that the case is a public offence or a compoundable offence, you should make a complaint within 3 months or ask a lawyer.
Kitthi Naganidhi
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