Article 361: Mischief under Sections 358 and 359 is compoundable

Firm annotation

Section 361 makes the mischief offences in Sections 358 and 359 compoundable. Section 358 is plain mischief: damaging, destroying, depreciating or rendering useless property belonging to another or in which another is a co-owner. Section 359 is the aggravated form, applying where the property is machinery used in agriculture or industry, livestock, vehicles or draught animals used in public transport or in farming or industry, or a farmer's crops. Section 359 carries a heavier penalty, up to five years or a fine of up to one hundred thousand baht, yet Section 361 makes it settleable all the same. What is left out is Section 360, damage to property used or held for public benefit, which is not compoundable because the interest harmed is public rather than private. For the two offences that are covered, the consequence is that they are personal offences: the injured person must complain within three months of learning of the offence and the offender under Section 96, and a valid settlement extinguishes the right to prosecute.