Police Officer Liability for Damage to Private Property
Police Officer R.T.A. Suphachai, of the Chiang Mai Provincial Police Station, received a report of a clandestine marijuana trafficking operation in the Palai area. He, along with Police Officer S.T.T. Niyom (driving a police vehicle), proceeded to apprehend the suspects. Upon arriving at the scene, the perpetrators used weapons. Police Officer Suphachai fired in self-defense and ordered Police Officer Niyom to drive the vehicle. Police Officer Suphachai accelerated the vehicle to evade the ambush. Police Officer Niyom subsequently collided with Mr. Saeng’s motorcycle, causing damage valued at 20,000 Baht.
Following this incident, it must be determined whether Mr. Saeng is entitled to compensation and, if necessary, to whom he may sue and which court he should file the lawsuit.
The answer is that Police Officer Suphachai and Police Officer Niyom, of the Chiang Mai Provincial Police Station, have the authority to arrest offenders under the law. Therefore, Police Officer Suphachai and Police Officer Niyom, while apprehending the clandestine marijuana trafficking operation, caused damage to Mr. Saeng’s motorcycle. Mr. Saeng has two methods of asserting his rights: firstly, he may submit a request to the Royal Police Force, requesting that the offending officer’s agency investigate and compensate for the damages incurred; and secondly, if the Royal Police Force issues an order, its judicial opinion grants him the right to sue in court, commencing from the date he receives the judicial opinion, pursuant to the Royal Decree on the Liability of Public Officials Act B.E. 2539 (Section 11 and Section 14).
Alternatively, Mr. Saeng may sue for damages through the courts pursuant to Section 1 of the Tort Liability Act B.E. 2539 (1). The unlawful act of the police officer against Mr. Saeng occurred while performing his duty to apprehend marijuana traffickers; therefore, the Royal Police Force, as a government agency to which Police Officer Suphachai belongs, is liable for the offense. In this case, Mr. Saeng may seek compensation from the Royal Police Force, and this does not constitute a breach of duty. This is in accordance with Section 5 (3) of the Royal Decree on the Liability of Public Officials Act. The determination of where to file the lawsuit must be considered based on whether the unlawful act of the police officer is an act committed during the performance of duty or an act not related to the performance of duty. If it is an act not related to the performance of duty, the lawsuit must be filed with the Court of Justice; however, if it is an act related to the performance of duty, further consideration must be given as to whether the performance of duty constitutes the exercise of authority.
The physical act of performing a normal duty, if it occurred through the exercise of authority under the law, must be filed in court. If the unlawful act is a physical act performed during the performance of duty, the lawsuit must be filed with the Court of Justice. Given that the unlawful act of the police officer is a physical act performed during the performance of duty, and this act did not involve the exercise of authority, the case should be filed with the Court of Justice. Furthermore, the case should not be filed with the Administrative Court under the Royal Decree Establishing the Administrative Court and the Administrative Court Procedure Act B.E. 2542 (Section 9 (1)).