Forgery and Use of a Forged Receipt under Thai Criminal Law
In this matter, Green did not participate in the issuance of the receipt. The document had already been prepared and delivered to Mr. Kham. Mr. Khanom, acting in good faith, relied upon the receipt as an authentic instrument and believed it to be lawfully issued.
Upon examination, the receipt was found to be a forged private document within the meaning of Section 264 of the Thai Criminal Code. The act of presenting or relying upon such forged document as genuine constitutes an offence under Section 268 of the Thai Criminal Code, which penalizes the use of a forged or altered document.
However, the facts do not establish the essential elements of an offence under Section 161 of the Thai Criminal Code, as there is no evidence of knowingly submitting a false complaint to an inquiry official.
Accordingly, liability arises under Sections 264 and 268, but not under Section 161.