Taking and Receiving Property: Liability and Criminal Offenses
Article 5. Mr. Dam entered into an employment contract with Mr. Ang to transport earth at a price of 60,000 baht. Mr. Ang completed the earth transportation, and Mr. Dam subsequently paid Mr. Ang via a draft payable in advance dated [DATE UNCLEAR] for the amount of 60,000 baht, which was delivered to Mr. Two. Mr. Dam summoned Mr. Ang to his home and paid him cash in the amount of [AMOUNT UNCLEAR], and also demanded the draft’s return. Mr. Ang stated that he had not brought the aforementioned check with him. Later, Mr. Green became aware of the facts between Mr. Dam and Mr. Green, who presented the check for payment at the bank. The bank refused to pay the money. Please adjudicate whether Mr. Ang and Mr. Green are liable for any offenses, and why.
Answer: Upon Mr. Dam’s payment of the 60,000 baht debt to Mr. Ang, Mr. Dam had a duty to retain the check as evidence of the debt. Civil and Commercial Code, Section 326. The act of Mr. Ang transferring the check to Mr. Green after the check’s suspension of payment demonstrates a cause of damage to Mr. Dam, as at the time Mr. Ang transferred the check, Mr. Ang had a legal duty to retain the check for Mr. Dam. This constitutes the offense of taking another person’s property, as defined in the Criminal Code, Section [SECTION UNCLEAR].
Furthermore, Mr. Green received the check from Mr. Ang, knowing it was a check belonging to Mr. Dam, and therefore had a duty to return it to Mr. Dam, the owner of the check. This constitutes receiving stolen property, as defined in the Criminal Code, Section 357.