Section 126 — Amending or withdrawing a complaint
Statutory text (Thai original)
ผู้ร้องทุกข์จะแก้คำร้องทุกข์ระยะใด หรือจะถอนคำร้องทุกข์เสียเมื่อใดก็ได้ในคดีซึ่งมิใช่ความผิดต่อส่วนตัว การถอนคำร้องทุกข์เช่นนั้นย่อมไม่ตัดอำนาจพนักงานสอบสวนที่จะสอบสวนหรือพนักงานอัยการที่จะฟ้องคดีนั้น
English translation
A complainant may amend his complaint at any stage, or withdraw his complaint at any time. In a case that is not a compoundable offence, such withdrawal of the complaint does not deprive the investigating officer of the power to investigate, or the public prosecutor of the power to file that case.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This General Principles provision confirms the complainant's freedom to amend or withdraw a complaint, and draws the crucial line between compoundable and state offences. For a compoundable offence, a lawful withdrawal can extinguish the right to prosecute under Section 39(2); for a state offence, withdrawal has no such effect and the case proceeds regardless. The courts stress that only a valid, lawful withdrawal, made before the case becomes final and with proper authority, produces that extinguishing effect, so who withdraws and how matters as much as the fact of withdrawal.
Why this matters in practice
If your dispute involves a compoundable offence, such as embezzlement, fraud between private parties, or defamation, withdrawing the complaint can permanently end the criminal case, which is often part of a settlement. But withdrawal must be done properly and by someone with authority, or it will not have that effect. For a state offence like public fraud, withdrawing does nothing, the prosecutor can still proceed. Because these distinctions decide whether a case dies or continues, consider settlement and dispute resolution options with a lawyer before withdrawing.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 4903/2565 (2022)
The right to withdraw a complaint at any time under Section 126 paragraph one applies to compoundable offences such as embezzlement, but the withdrawal must be lawful to extinguish the right to prosecute; where the withdrawal concerns a child's property right, proper authority is required.
The charges were embezzlement under Penal Code Sections 353 and 354, compoundable under Section 356. The Supreme Court confirmed the complainant's right to withdraw under Section 126 paragraph one, but held that a withdrawal that extinguishes the right to prosecute under Section 39(2) must be lawful, and since withdrawing an embezzlement complaint concerns a property right, it required proper authority.
-
Supreme Court Judgment No. 747/2565 (2022)
Public fraud under Penal Code Section 343 and offences under the Computer Crime Act are state offences, so even if the injured person withdraws the complaint, the prosecutor's power to file is not cut off and the right to prosecute is not extinguished under Section 126.
The Supreme Court held that public fraud and the computer-crime offences were state offences. Under Section 126, even if the injured person withdrew the complaint, the prosecutor's power to file was not affected and the right to prosecute was not extinguished.
-
Supreme Court Judgment No. 6844/2554 (2011)
A complainant has the right to withdraw a complaint before the case becomes final under Section 126 paragraph one; a written statement that the injured person no longer wishes to prosecute may be treated as a request to withdraw the complaint.
The injured person filed a statement that she no longer wished to prosecute, and the plaintiff did not contest it. The Supreme Court held this had the character of a request to withdraw the complaint, which the injured person had the right to make before the case became final under Section 126 paragraph one.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can you withdraw a police complaint in Thailand?
Yes. Under Section 126 a complainant may withdraw a complaint at any time, but for a state offence the withdrawal does not stop the investigation or the prosecution.
Does withdrawing a complaint end a compoundable case?
It can. A lawful withdrawal before the case is final can extinguish the right to prosecute a compoundable offence under Section 39(2), but it must be done properly and by someone with authority.
Does withdrawal help in a public fraud case?
No. Public fraud is a state offence, so under Section 126 withdrawal of the complaint does not deprive the prosecutor of the power to file.