Section 40 — Connected civil case: which court
Statutory text (Thai original)
การฟ้องคดีแพ่งที่เกี่ยวเนื่องกับคดีอาญาจะฟ้องต่อศาลซึ่งพิจารณาคดีอาญาหรือต่อศาลที่มีอำนาจชำระคดีแพ่งก็ได้ การพิจารณาคดีแพ่งต้องเป็นไปตามบทบัญญัติแห่งประมวลกฎหมายวิธีพิจารณาความแพ่ง
English translation
A civil case connected with a criminal case may be filed either with the court trying the criminal case or with the court having jurisdiction over civil cases. The trial of the civil case shall be in accordance with the provisions of the Civil Procedure Code.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 40 opens the Title on civil cases connected with criminal cases and fixes two points: choice of court and applicable procedure. The injured party may bring the connected civil claim, typically for restitution or damages, either before the criminal court or before a competent civil court. Whichever forum is chosen, the civil claim is governed by the Civil Procedure Code, including its rules on court fees, evidence, and appeals, and appellate courts apply those rules, for instance to correct public-order errors on interest or costs. This section works with Section 41 on severing the civil part and Section 46 on the binding effect of the criminal judgment.
Why this matters in practice
Deciding where to file a connected civil claim matters: filing it in the criminal court can save time and cost, while a separate civil court may suit a large or complex damages claim. Either way the civil rules apply, so budget for court fees calculated on the amount claimed and follow civil evidence and appeal procedures. To weigh which forum fits your claim, and how the criminal outcome may affect it, read our guide to going to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 613/2567 (2024)
A damages claim arising from the same act as a criminal case is a civil case connected with a criminal case under Section 40, and the criminal judgment binds the plaintiff who was a party to that case.
A criminal case against an official ended in acquittal on the same facts as this later civil tort claim. The court held the civil claim was a civil case connected with a criminal case under Section 40, so the criminal judgment bound the plaintiff, meaning the official was treated as not having committed the tort, and the plaintiff could not hold the agency liable.
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Supreme Court Judgment No. 3133/2568 (2025)
Because the civil part of a connected case is governed by the Civil Procedure Code under Section 40, the appellate court may correct public-order errors, such as an incorrect interest rate, applying the civil procedure rules.
The interest awarded in the connected civil part was set incorrectly. The court held this was a public-order legal issue it could raise on its own, and corrected it under the Civil Procedure Code provisions on judgments and appeals applied through Section 40, adjusting the interest to conform to the law.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Where can I file a civil claim connected to a criminal case?
Under Section 40 you may file it either with the court trying the criminal case or with the court having jurisdiction over civil cases. The civil part is tried under the Civil Procedure Code.
Which procedure governs the connected civil case?
The Civil Procedure Code governs the connected civil case, including court fees, evidence, and appeals, even when the claim is heard in the criminal court alongside the criminal case.
What is a civil case connected with a criminal case?
It is a civil claim, such as one for damages or restitution, that arises from the same facts as the criminal offence, for example a claim for loss caused by the defendant's wrongful act.