Article 346Abus de faiblesse en vue d'une disposition

Firm annotation

Section 346 punishes exploitation rather than deception, and that is what separates it from fraud. Its elements are (1) acting in order to acquire the property of another for himself or for a third person, (2) inducing a person to dispose of that property to that person's own disadvantage, (3) by taking advantage of that person's weakness of mind, or of that person being a child lacking intelligence and unable properly to understand the substance of his own act, and (4) the person induced does in fact dispose of the property. The fourth element makes this a result offence: persuasion that fails is not enough, although Section 80 may make it an attempt. No false statement need be proved, so the section reaches the case where everything said was true but the victim was in no position to weigh it. The comparison with Section 342(2) is instructive. That provision aggravates ordinary fraud where the offender took advantage of the same weakness of mind or the same childish lack of intelligence, but a deception is still required there; under Section 346 it is not. The penalty is up to two years, or a fine of up to 40,000 baht, or both. Section 348 makes the offence compoundable, subject to the three-month complaint period in Section 96. The current rates were set by Section 4 of the Penal Code Amendment Act (No. 26) B.E. 2560.