Invalid Criminal Complaint Lodged with an Incompetent Authority in a Fraud Prosecution
Title: Validity of Criminal Complaint in Fraud Case
Mr. Chaloew was allegedly defrauded by Mr. Chalong in the amount of 81,000 Baht. Fifteen days after the incident, Mr. Chaloew submitted a written complaint to the Minister of Interior before departing abroad for six months. Upon his return, finding no progress in the case, he retained counsel to initiate a private criminal prosecution during the preliminary examination stage.
If sitting as the Court, the proper order would be to dismiss the case.
Under the Thai Criminal Procedure Code, a complaint in an offense requiring a complaint must be lodged with a competent inquiry official or administrative officer empowered to receive such complaint. The Minister of Interior is neither an inquiry official nor a competent administrative officer within the meaning of the law. Accordingly, the submission made to the Minister does not constitute a valid complaint.
In the absence of a lawful complaint, the Court lacks procedural basis to proceed. The case must therefore be dismissed, consistent with Supreme Court Decision No. 1226/2513.