Section 45 — Civil action not barred by criminal charge
Statutory text (Thai original)
คดีเรื่องใดถึงแม้ว่าได้ฟ้องในทางอาญาแล้ว ก็ไม่ตัดสิทธิผู้เสียหายที่จะฟ้องในทางแพ่งอีก
English translation
In any case, even though a criminal charge has already been filed, the injured person's right to bring a civil action as well is not barred.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 45 confirms that criminal and civil remedies for the same act are cumulative, not alternatives: a pending or filed criminal prosecution does not extinguish the victim's separate right to sue civilly. It underpins the whole scheme of civil actions connected with criminal cases in Title 2. It must be read with section 46, under which the civil court is bound by the facts found in the criminal judgment; where the criminal result is not yet available, the civil court retains discretion to proceed on the evidence in its own file. It also connects to sections 43 and 44, since if the prosecutor does not claim restitution for the victim, the victim may pursue the loss civilly.
Why this matters in practice
You do not have to choose between pressing charges and suing for your money: both can run. In practice, though, the civil court will normally follow the facts settled in the criminal judgment, so the outcome and even the timing of your civil claim can turn on how the criminal case goes. If the criminal case is still open, a civil court may still proceed on its own evidence. Deciding whether to file the civil suit now or wait for the criminal verdict is a strategic call worth discussing in a consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8516/2561 (2018)
Even though Section 46 binds the civil court to the facts in a criminal judgment, where the criminal result is not yet apparent the civil forum may proceed and decide on the evidence in the file.
Quoting Section 45 that a criminal charge does not bar a civil action, the Court held that although Section 46 requires the civil forum to follow the facts in a criminal judgment, an arbitrator or civil court need not wait where the criminal result has not yet emerged, and may proceed on the evidence available.
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Supreme Court Judgment No. 1785/2554 (2011)
Theft is both a crime and a civil wrong; if the prosecutor does not claim return of the property for the victim, the victim may sue the taker civilly under Sections 43, 44 and 45.
The Court described theft as a criminal offence and a civil tort at once. When the prosecutor files the criminal charge, restitution should be claimed for the victim; but if the prosecutor does not, the victim retains the right under Sections 43, 44 and 45 to sue the taker civilly for return of the property and damages.
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 I sue civilly if a criminal case for the same act is already filed?
Yes. Section 45 provides that filing a criminal charge does not bar the injured person from bringing a separate civil action over the same wrong.
Will the civil court just follow the criminal verdict?
Where a criminal judgment exists, the civil court must follow its facts under Section 46. But if the criminal result is not yet available, the civil court may proceed on the evidence before it.