Section 35 — Withdrawing a criminal charge
Statutory text (Thai original)
คำร้องขอถอนฟ้องคดีอาญาจะยื่นเวลาใดก่อนมีคำพิพากษาของศาลชั้นต้นก็ได้ ศาลจะมีคำสั่งอนุญาตหรือมิอนุญาตให้ถอนก็ได้ แล้วแต่ศาลจะเห็นสมควรประการใด ถ้าคำร้องนั้นได้ยื่นในภายหลังเมื่อจำเลยให้การแก้คดีแล้ว ให้ถามจำเลยว่าจะคัดค้านหรือไม่ แล้วให้ศาลจดคำแถลงของจำเลยไว้ ในกรณีที่จำเลยคัดค้านการถอนฟ้อง ให้ศาลยกคำร้องขอถอนฟ้องนั้นเสียคดีความผิดต่อส่วนตัวนั้น จะถอนฟ้องหรือยอมความในเวลาใดก่อนคดีถึงที่สุดก็ได้ แต่ถ้าจำเลยคัดค้าน ให้ศาลยกคำร้องขอถอนฟ้องนั้นเสีย
English translation
A motion to withdraw a criminal charge may be submitted at any time before the judgment of the court of first instance. The court may order that the withdrawal be allowed or disallowed, as the court thinks fit. If the motion is submitted after the defendant has entered his plea, the defendant shall be asked whether he objects, and the court shall record the defendant's statement. In the case where the defendant objects to the withdrawal, the court shall dismiss the motion to withdraw. In a case of a compoundable offence, the charge may be withdrawn or the case settled at any time before the case becomes final; but if the defendant objects, the court shall dismiss the motion to withdraw.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 35 governs the withdrawal of a criminal charge and draws a sharp line between ordinary offences and compoundable (private) offences. For ordinary offences, the motion must be filed before the first-instance judgment and lies within the court's discretion; once the defendant has pleaded, the court must ask whether the defendant objects, and an objection compels dismissal of the withdrawal motion. For compoundable offences, the last paragraph allows withdrawal or settlement right up to finality, still subject to the defendant's objection. Withdrawing a compoundable-offence charge feeds into Section 39(2), which extinguishes the right to prosecute, and withdrawing a co-plaintiff's request to join has been treated as equivalent to withdrawal under this section.
Why this matters in practice
Timing is everything: for an ordinary offence you must move to withdraw before the first-instance judgment, and after the defendant has pleaded they can block the withdrawal by objecting. A withdrawal in a compoundable case can permanently end the right to prosecute, so treat any settlement seriously. Before agreeing to withdraw or settle a criminal case, especially where money is changing hands, get legal advice on the consequences.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2620/2567 (2024)
Withdrawing a charge in a non-compoundable (state) offence is the plaintiff's lawful right before the first-instance judgment under the first paragraph of Section 35; the law does not forbid withdrawing such a charge once filed.
The defendant issued a cheque so that the co-plaintiff would withdraw a false-charge prosecution, a state offence. The court held that whether to withdraw was the co-plaintiff's lawful right, exercisable before the first-instance judgment under Section 35 paragraph one, so the underlying cheque debt was not contrary to public order and was not void.
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Supreme Court Judgment No. 3066/2565 (2022)
Withdrawing a request to join as co-plaintiff has the same effect as withdrawing the charge under Section 35, so it can only be done before the court of first instance renders judgment.
In a non-compoundable case, withdrawing the complaint did not extinguish the right to prosecute, and the co-plaintiff's request to withdraw the joinder was treated as equivalent to withdrawing the charge under Section 35. Because the Supreme Court had already prepared its judgment, it was too late, and the request to withdraw was refused.
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Supreme Court Judgment No. 4126/2563 (2020)
A settlement of a compoundable offence under Section 35 paragraph two and Section 39(2) must be made after the offence has occurred; a settlement made in advance of the offence is not a valid settlement.
Although the offences of defrauding creditors and misappropriation are compoundable, the court held that a settlement under Section 35 paragraph two and Section 39(2) must be made after the offence occurred, not agreed in advance. A prior civil compromise agreement therefore did not settle the later criminal offences.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When can a criminal charge be withdrawn in Thailand?
For ordinary offences, the motion to withdraw must be filed before the court of first instance gives judgment. For compoundable offences, it can be filed any time before the case is final.
Can the defendant block a withdrawal of the charge?
Yes, after they have pleaded. Under Section 35 the court must ask the defendant whether they object, and if they object the court must dismiss the withdrawal motion.
Does withdrawing a compoundable-offence charge end the right to prosecute?
Generally yes. A lawful withdrawal or settlement of a compoundable offence extinguishes the right to prosecute under Section 39(2), so it should not be done lightly.