Section 28 — Who may prosecute a criminal case
Statutory text (Thai original)
บุคคลเหล่านี้มีอำนาจฟ้องคดีอาญาต่อศาล
(๑) พนักงานอัยการ
(๒) ผู้เสียหาย
English translation
The following persons have the power to institute a criminal prosecution before a court:
(1) the public prosecutor;
(2) the injured person.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 28 opens the Title on the institution of criminal prosecutions and fixes standing to sue. Two persons may prosecute: the public prosecutor under (1), and the injured person under (2). Who qualifies as an injured person is defined in Section 2(4), and for offences committed against the State, such as malfeasance in office or offences affecting public administration, the State is the injured party and only the public prosecutor may sue, unless a private person has suffered special, direct harm. This section works together with Sections 29 to 36 on how prosecutions are continued, joined, consolidated, withdrawn, and refiled.
Why this matters in practice
Standing is the first thing a court checks: if you are not a proper injured person, your private prosecution will be dismissed and only the prosecutor can act. Before filing privately, confirm you suffered direct harm and are not merely upset by an offence against the State. For a fraud or property loss you often qualify, but the analysis is fact specific, so consult a Thai lawyer before you file.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1220/2567 (2024)
A member of the public who loses property through public fraud under Penal Code Section 343 is directly injured and may prosecute the offence in person as an injured person.
Although public fraud is an offence against the State, each person who lost property through the deception is directly harmed and is therefore an injured person entitled to prosecute in person under Section 28(2). The plaintiff had standing to bring the case.
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Supreme Court Judgment No. 3620/2566 (2023)
Offences against the duties of a public office harm only the State, so only the public prosecutor may prosecute them under Section 28(1); a person not personally injured has no standing.
The offences charged under Penal Code Sections 151 and 157 harmed the State only and did not affect the plaintiff's own rights. Prosecution was the public prosecutor's function under Section 28(1), and the plaintiff, who sued in an official capacity rather than personally, was not an injured person.
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Supreme Court Judgment No. 660/2565 (2022)
Moving official survey boundary markers is an offence against the State that only the public prosecutor may prosecute under Section 28(1); a private person may sue only if specially injured.
Unauthorized moving of survey markers is an offence against the State prosecuted by the public prosecutor under Section 28(1). Even though the plaintiff claimed the markers were moved into his land by about 6.3 square wah, he was not treated as a person injured by the offence and lacked standing.
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 a victim file a criminal case directly in Thailand?
Yes. Under Section 28(2) the injured person may prosecute directly, in addition to the public prosecutor. The person must be a genuine, directly injured party.
Who prosecutes offences committed against the State?
For offences against the State, such as malfeasance in office, the State is the injured party and only the public prosecutor may prosecute under Section 28(1), unless a private person suffered special direct harm.
Can anyone report and prosecute a crime they witnessed?
No. Only the public prosecutor or the injured person may prosecute. A witness who suffered no direct harm has no standing to file the case, though they may report it to the police.