Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
Theft (ลักทรัพย์, lak sap, also larceny in older translations) is the offence under Section 334 of the Thai Criminal Code of dishonestly taking away property belonging to another person, or property in which another person has a share, with the intention of keeping it. The basic penalty is up to 3 years in prison and a fine of up to 60,000 baht, rising under Section 335 for aggravating circumstances. It is not a compoundable offence, which surprises foreigners who expect a shoplifting matter to end when the shop is paid.
Table of Contents
Penalties under Sections 334 to 336
Section 334 requires a taking, a dishonest intention, and property that belongs wholly or partly to someone else. Section 335 lists the aggravating circumstances: theft at night, during a public calamity, by breaking in, by two or more persons, with a weapon, in a dwelling or place of worship, in a public transport hub, of an employer’s property, or of farm equipment or livestock. One circumstance raises the range to 1 to 5 years and a fine of 20,000 to 100,000 baht; two or more raise it to 1 to 7 years; theft of farm tools or cattle carries 3 to 10 years.
Section 336 is snatching, taking property from the person by surprise, with up to 5 years and 100,000 baht and higher ranges where injury results. Robbery under Section 339 is theft with violence or threats, 5 to 10 years; gang robbery under Section 340, by three or more persons, starts at 10 years.
Theft cases involving foreigners in practice
Most theft cases involving foreigners are small: an unpaid item at a supermarket, a hotel towel, a phone picked up from a bar table. The shop or owner calls the police, the inquiry official takes a statement and fingerprints, and the accused is either released on bail or brought to court within 48 hours. A guilty plea to simple theft by a first offender normally ends in a fine or a suspended sentence, particularly where the property was returned and the owner was compensated.
The common mistake is to believe that paying the shop ends the matter. Theft is a public offence: the owner’s withdrawal is not a withdrawal of the case, and the public prosecutor decides whether to proceed. Compensation helps as mitigation and may persuade the prosecutor or court to close the matter quickly, but a conviction can still follow, and a conviction for theft is an intentional offence that immigration can use to revoke a stay.
Theft, embezzlement and finding lost property compared
The line that matters most is between theft and embezzlement under Section 352. Theft is taking property from another’s possession; embezzlement is dishonestly converting property already lawfully in one’s own possession, as an agent, employee, borrower or custodian. The penalty is the same 3 years, but embezzlement is a compoundable offence that the owner can settle, so a rented car not returned is usually charged as embezzlement and can be resolved by payment, whereas a car driven away from a showroom is theft. Keeping lost property that one has picked up is also embezzlement, at half the penalty, not theft. Section 71 adds that theft between spouses is not punished at all, and theft between parents, children and siblings is compoundable.
Frequently asked questions
What is the punishment for theft in Thailand?
Simple theft under Section 334 of the Criminal Code carries up to 3 years in prison and a fine of up to 60,000 baht. Aggravated theft under Section 335, such as theft at night, in a dwelling or by two or more persons, carries 1 to 5 years and 20,000 to 100,000 baht, and more where several circumstances combine. First offenders who plead guilty and compensate the owner usually receive a fine or a suspended sentence.
Can a theft case in Thailand be settled by paying the owner?
Not in the way a fraud or defamation case can. Theft is not compoundable, so the owner cannot withdraw the case and the public prosecutor decides whether to proceed. Compensation is strong mitigation and often leads to a fine or suspended sentence, and theft between close relatives is the one situation Section 71 makes compoundable.
Is shoplifting a crime in Thailand?
Yes, it is theft under Section 334 regardless of the value of the item, with up to 3 years in prison and a 60,000 baht fine. Shops routinely call the police, and a foreigner will be fingerprinted and brought to court. Most first cases end with a fine or a suspended sentence, but the conviction is recorded and can affect visa status.
See also: fraud, compoundable offence, fine, inquiry official, and the guides theft and robbery under Thai law and arrested in Thailand: your rights and first steps.
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