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.
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A fine (โทษปรับ, thot prap; the sum itself is kha prap) is one of the five criminal punishments listed in Section 18 of the Thai Criminal Code, alongside death, imprisonment, confinement and forfeiture of property. It is a sum paid to the state, not to the victim, which is why a fine and compensation are two separate things. Most offences a foreigner is likely to meet, from overstay and traffic matters to defamation and minor theft, carry a fine either alone or as an alternative to prison, and many are dealt with by paying at a counter rather than in court.
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How the Criminal Code fixes and enforces a fine
Each offence states its own maximum. The sums have been raised section by section by amending Acts, not in one sweep: simple theft under Section 334 carries up to 60,000 baht (rate set by Amendment No. 26 of 2017), simple defamation under Section 326 up to 20,000 baht and defamation by publication under Section 328 up to 200,000 baht (both set by Amendment No. 11 of 1992). Where the section reads “imprisonment or fine or both”, the court chooses; where it reads “and”, both apply. Petty offences (Section 102), the traffic-ticket tier of the Code, carry up to one month’s imprisonment or a fine of up to 10,000 baht, or both.
A convicted person must pay within 30 days of the judgment. If the fine is not paid, the court may seize property or order confinement in lieu of the fine, converted at 500 baht per day, to a maximum of 1 year, or 2 years where the fine is 200,000 baht or more. A person who cannot pay may ask the court to substitute community service under Section 30/1. A fine is a conviction and appears on the criminal record in the same way as a prison sentence.
Where a foreigner pays a fine, and to whom
Most fines a foreigner meets are settlement fines, not court fines. For offences punishable by fine only, and for petty offences, the police may settle the case under the Criminal Procedure Code, and traffic offences are settled this way at the police station or online. Immigration offences have their own settlement, under Section 84 of the Immigration Act: an overstay, although Section 81 also allows up to two years’ imprisonment, is settled at the immigration counter at 500 baht per day, capped at 20,000 baht, and a late 90-day report, which carries a fine of up to 5,000 baht under Section 76, is settled at 2,000 baht. Paying the settlement extinguishes the case, and no court record is created.
Always take the receipt. Immigration and courts issue an official receipt (ใบเสร็จ) and the receipt is the only proof that the matter is closed; it is asked for at the next visa extension or when a criminal record check is run. The common mistake is to pay cash to an intermediary without a receipt, which leaves the record open and the offence technically unsettled.
Fine, compensation and civil damages compared
A fine goes to the state and punishes; it does not repay the victim. Compensation to the victim is a separate order or agreement: the injured person can claim damages in the criminal case itself under Section 44/1 of the Criminal Procedure Code where the public prosecutor brings the case, sue in tort under Section 420 of the Civil and Commercial Code, or accept a payment in return for withdrawing a compoundable offence. A court can therefore order a fine of 20,000 baht and, in the same judgment, 300,000 baht in damages. Paying the victim in full does not cancel the fine, though it commonly persuades the court to fine rather than imprison and to suspend any prison term.
Last reviewed: 30 September 2026. Criminal Code sections 18, 29, 30, 30/1, 102, 326, 328 and 334 (current consolidation with amendment footnotes) and Criminal Procedure Code sections 37, 38 and 44/1 were read in Thai. Immigration Act sections 37, 76, 81 and 84 were read in Thai on 3 October 2026; the 500-baht daily rate, the 20,000-baht cap and the 2,000-baht 90-day settlement are immigration practice under Section 84, not figures in the Act. The entry-ban rule was not re-read.
Frequently asked questions
What happens if you cannot pay a criminal fine in Thailand?
The court may seize and sell property, or order confinement in lieu of the fine at 500 baht per day, up to 1 year, or 2 years if the fine is 200,000 baht or more. A person who genuinely cannot pay may ask the court to substitute community service instead of confinement. Paying the fine in full ends the confinement at once (Section 30).
Does a fine in Thailand give you a criminal record?
A fine imposed by a court on conviction is a criminal record. A settlement fine paid at the police station, at immigration or for a traffic offence ends the case without a conviction, so nothing is recorded against the person. Keep the receipt as proof of settlement.
How much is the overstay fine in Thailand?
500 baht per day of overstay, capped at 20,000 baht, paid at immigration when leaving or when applying to regularise the stay. It is a settlement fine, so paying it closes the case, but overstays of more than 90 days also trigger an entry ban, and an arrest for overstay leads to court, detention and deportation.
See also: suspended sentence, overstay, damages, criminal record, and the guides criminal law in Thailand and criminal trial procedures in Thailand.
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