Section 257 — Service Costs in Private Prosecutions
Statutory text (Thai original)
ในคดีซึ่งราษฎรเป็นโจทก์ โจทก์จะต้องเสียค่าใช้จ่ายในการส่งสำเนาคำฟ้องและหมายเรียกให้แก่จำเลยโดยค่าใช้จ่ายดังกล่าวจะต้องมีจำนวนไม่สูงเกินสมควร
English translation
In a case where a private person is the plaintiff, the plaintiff shall pay the cost of serving copies of the plaint and the summons on the defendant, and such cost shall not be excessively high.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 257, within the Chapter on fees, allocates the cost of serving process in cases prosecuted by a private person rather than the state. Unlike the general fee prohibition of section 252, this is a genuine cost the private plaintiff must bear, reflecting that they, not the public prosecutor, are driving the case. The statute caps it by requiring the cost not be excessively high, preventing service costs from becoming a barrier to private prosecution.
Why this matters in practice
If you file a criminal case yourself instead of through the public prosecutor, budget for the cost of serving the charge and summons on the defendant, though the law requires that cost to stay reasonable. This is one of the practical outlays of a private prosecution. Before deciding to prosecute privately, it is worth understanding the process and cost, see what to know before you go to court in Thailand.
Frequently asked questions
Who pays to serve the charge when a private person prosecutes?
Under section 257 the private plaintiff pays the cost of serving copies of the plaint and summons on the defendant, and that cost must not be excessively high.
Is there a limit on the service cost in a private prosecution?
Yes. Section 257 requires that the cost of serving the plaint and summons not be excessively high.