Bangkok Legal Service

Theft of One Television Set, Price 15,000 Baht, and a Diamond Ring; Mr. Sura, the injured party, petitioned the court to impose punishment under the Criminal Code, Section 334, and demanded the return of the stolen property to the court. The defendant returned the television set and the diamond ring, or used the price of the television set, but only regarding the criminal charge. Regarding the demand for the return or payment of property, it was rejected as follows:

The Court considered whether the plaintiff’s claim was supported by the order of the Court of Justice. The District Court has the authority to consider and issue judgments, as stipulated in the Code of Judicial Administration.

In civil cases with a value of no more than fifty thousand baht, the defendant must be found in violation of the charge of theft, as the Criminal Code grants the public prosecutor the power to request the court. Section 43 of the Criminal Procedure Code states that the defendant may return or pay the price of the property in place of the injured party, and Section 44 states that the judgment regarding property or its price shall be considered as part of the criminal judgment in a court of first instance regarding a claim for the return or payment of such property.

Ms. C. refused to accept the sum of money, and Mr. N., her husband, brought the matter to the police, stating that Ms. C. had no intention of accepting the money, which was not a violation of the Criminal Code, Section 145. As a public official, Ms. C. has the power to investigate and promote Mr. K., and Mr. N. retained the sum of money, which constituted the acceptance of property for his own benefit, without performing any official act, whether by order or not, as stipulated in the Criminal Code, Section 149.

Mr. Mai delivered 600,000 fish, agreeing upon it.