Article 266: Forgery of a will, share certificate, bill or certificate of deposit

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3471/2567 (2024)

   Section 266 (1) requires the forged document to be a document of title that is also an official document. A local maintenance tax payment document (ภ.บ.ท. 5) is made by an official in the course of duty and given to the occupier of land as evidence of payment, so it is an official document under Section 1 (8); but it is not evidence of the creation, alteration, transfer, reservation or extinction of a right, so it is not a document of title under Section 1 (9). Even on a plea of guilty, forging or using such a document cannot be punished under Section 266 (1).

   The defendant altered the name of the true landowner on a local maintenance tax payment document (ภ.บ.ท. 5) and produced and handed it over as security for a loan from the plaintiff, pleading guilty to charges under Sections 264, 265, 266 and 268. The Supreme Court held that document an official document under Section 1 (8) but not a document of title under Section 1 (9), so even on the plea he could not be convicted of forging or using a forged official document of title. It varied the judgment to Section 265 and Section 268 paragraph one read with Section 265. It also held the case had still been in progress under section 28 of the Courts of Justice Organisation Act, so a newly assigned judge had power to hear it and give judgment.

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