Section 102 — Definition of a petty offence
English translation
A petty offence is an offence punishable by imprisonment of not more than one month, or by a fine of not more than ten thousand baht, or by both such imprisonment and fine.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 102 opens Book 1's provisions applicable to petty offences (khwam phit lahu thot) by defining the category itself: imprisonment of not more than one month, a fine of not more than ten thousand baht, or both. The fine ceiling was raised to ten thousand baht by amendment from an earlier figure of one thousand baht, and where an offence was committed before that amendment the courts apply whichever version is more favourable to the accused. The definition matters well beyond sentencing because petty status carries distinct consequences elsewhere: petty offences are excluded from penalty enhancement under Section 94, and they carry the shortest one-year prescription period under Section 95(5). Classification therefore turns on the statutory maximum penalty, not the sentence imposed.
Why this matters in practice
Whether an offence is petty has real downstream effects that favour the accused: a petty prior conviction cannot be used to increase punishment under Section 94, and the prosecution window is only one year under Section 95(5), so old petty matters go stale fast. When the conduct pre-dates the amendment raising the fine ceiling to ten thousand baht, the more lenient version applies, which can change the classification. For anyone facing a minor charge, confirming petty status is worth doing because it can bar enhancement and shorten limitation. If you are unsure whether a charge is petty and what that means for you, you can consult a Thai lawyer online.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6664/2559 (2016)
The definition of a petty offence in Section 102 was amended to raise the fine ceiling from one thousand to ten thousand baht, and where the offence pre-dates the amendment the court applies the version more favourable to the accused.
Considering an offence of driving without a licence, the court compared the version of Section 102 in force at the time of the offence, with a one thousand baht fine ceiling, against the later ten thousand baht version, and applied the law more favourable to the defendant.
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Supreme Court Judgment No. 1955/2531 (1988)
An offence classified as petty under Section 102 carries a one-year criminal prescription period, which here matched the one-year civil limitation for the related claim.
The court treated reckless driving causing property damage as a petty offence under Section 102 with a one-year criminal prescription, and held that the related civil claim, tied to that one-year period, was likewise time-barred.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is a petty offence in Thai law?
Under Section 102, a petty offence is one punishable by imprisonment of not more than one month, a fine of not more than ten thousand baht, or both. Classification depends on the maximum penalty set by law.
Why does petty offence status matter?
A petty offence cannot be used to increase punishment under Section 94 and carries the shortest one-year prescription period under Section 95(5), so the classification affects both enhancement and time limits.