Section 47 — Civil liability judged by civil law
Statutory text (Thai original)
คำพิพากษาคดีส่วนแพ่งต้องเป็นไปตามบทบัญญัติแห่งกฎหมายอันว่าด้วยความรับผิดของบุคคลในทางแพ่ง โดยไม่ต้องคำนึงถึงว่าจำเลยต้องคำพิพากษาว่าได้กระทำความผิดหรือไม่ราคาทรัพย์สินที่สั่งให้จำเลยใช้แก่ผู้เสียหาย
ให้ศาลกำหนดตามราคาอันแท้จริง
ส่วนจำนวนเงินค่าสินไหมทดแทนอย่างอื่นที่ผู้เสียหายจะได้รับนั้น
ให้ศาลกำหนดให้ตามความเสียหายแต่ต้องไม่เกินคำขอ
English translation
The judgment in the civil part must accord with the provisions of law concerning the civil liability of persons, without regard to whether the defendant is adjudged to have committed the offence or not. The value of the property that the defendant is ordered to pay to the injured person shall be fixed by the court according to its true value. As for the amount of any other compensation the injured person is to receive, the court shall fix it according to the damage, but it must not exceed the claim.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 47 separates the standards for the two parts: guilt is judged by criminal law, but the connected civil claim is decided by the law of civil liability, independently of the criminal outcome. So an acquittal, for example on the ground that dishonest intent was not proved, does not automatically defeat the civil claim; the court must still assess civil liability. The section then sets two measures: property the defendant must pay for is valued at its true value, and other compensation is fixed according to the damage but capped by the amount claimed. This dovetails with section 46 on binding facts and section 44/1, under which a court cannot award relief, such as interest, that was not sought.
Why this matters in practice
Do not assume an acquittal ends the money claim: even if the defendant walks free on the criminal charge, the court must still decide civil liability under civil-law standards, and you may still recover. Two practical limits apply to what you can get: property is valued at its true value, not what you paid or hoped for, and total compensation cannot exceed the sum you claimed, so claim carefully and completely at the outset. Because the interaction of criminal outcome and civil recovery is technical, a consultation with a Thai lawyer before finalising the claim is wise.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4317/2567 (2024)
Even where the defendant is acquitted of theft for lack of dishonest intent, the court must still decide the civil claim for return or value of the property under Section 47.
The defendant was acquitted of theft because dishonest intent was not proved, but the Court of Appeal failed to rule on the prosecutor's claim to return or pay for the property. The Court held that under Section 47 the civil part had to be decided by civil-liability law regardless of the acquittal, so that claim still had to be determined.
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Supreme Court Judgment No. 2232/2567 (2024)
Even after the criminal case is struck off, the civil part proceeds under the Civil Procedure Code, and its judgment must accord with civil-liability law under Section 47 paragraph one.
After the criminal case was struck off under Section 39(1), the Court held the civil part still had to be conducted under the Civil Procedure Code and, quoting Section 47 paragraph one, decided by the law of civil liability without regard to whether the defendant was convicted. The co-plaintiff's right to return or value of the property was a civil right the prosecutor had exercised under Section 43.
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Supreme Court Judgment No. 3664/2568 (2025)
The civil part follows civil-liability law without regard to whether the defendant committed the offence, so a defendant in breach of contract must repay even where the criminal charge is dismissed.
Applying Section 47 paragraph one, the Court held that although the criminal charge was dismissed, the defendant, being in breach of contract for failing to deliver the goods after receiving 135,000 baht, still had to return that sum to the injured person under civil-liability 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
If the defendant is acquitted, can I still recover compensation?
Possibly. Under Section 47 the civil part is decided by civil-liability law regardless of the acquittal, so the court must still assess whether the defendant is civilly liable.
How is the value of lost property calculated?
Under Section 47 the court fixes the value of the property the defendant must pay for according to its true value, and other compensation according to the damage, but not exceeding the amount claimed.