Article 47: Civil liability judged by civil law

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4317/2567 (2024)

   Even where the defendant is acquitted of theft for lack of dishonest intent, the court must still decide the civil claim for return or value of the property under Section 47.

   The defendant was acquitted of theft because dishonest intent was not proved, but the Court of Appeal failed to rule on the prosecutor's claim to return or pay for the property. The Court held that under Section 47 the civil part had to be decided by civil-liability law regardless of the acquittal, so that claim still had to be determined.

2. Arrêt de la Cour suprême n° 2232/2567 (2024)

   Even after the criminal case is struck off, the civil part proceeds under the Civil Procedure Code, and its judgment must accord with civil-liability law under Section 47 paragraph one.

   After the criminal case was struck off under Section 39(1), the Court held the civil part still had to be conducted under the Civil Procedure Code and, quoting Section 47 paragraph one, decided by the law of civil liability without regard to whether the defendant was convicted. The co-plaintiff's right to return or value of the property was a civil right the prosecutor had exercised under Section 43.

3. Arrêt de la Cour suprême n° 3664/2568 (2025)

   The civil part follows civil-liability law without regard to whether the defendant committed the offence, so a defendant in breach of contract must repay even where the criminal charge is dismissed.

   Applying Section 47 paragraph one, the Court held that although the criminal charge was dismissed, the defendant, being in breach of contract for failing to deliver the goods after receiving 135,000 baht, still had to return that sum to the injured person under civil-liability law.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.