Criminal Liability for Retaining Money Delivered by Mistake
Title: Criminal Liability for Misappropriation of Money Received by Mistake
Mrs. Chuen instructed her employee, Mrs. Choi, to purchase pork at the market with 40 Baht. Mrs. Choi paid the vendor and received change. Upon counting the money on her way home, she discovered that the vendor had mistakenly given 10 Baht in excess. Knowing of the mistake, she dishonestly retained the excess and delivered only the remaining amount to Mrs. Chuen, falsely stating that the vendor had deducted 10 Baht.
The excess money constituted property delivered by mistake. Upon realizing the error, Mrs. Choi had a legal duty to return the surplus. Her intentional retention amounts to misappropriation under Section 352, paragraph one, of the Thai Penal Code.
Mrs. Chuen, having accepted the money with knowledge of its unlawful origin, incurs criminal liability as a principal or co-offender under the same provision.