Section 152 — Official's conflict of interest in an undertaking
English translation
Whoever, being an official having the duty to manage or supervise any undertaking, acquires an interest for the benefit of himself or another in connection with that undertaking, shall be punished with imprisonment from one to ten years and a fine from twenty thousand to two hundred thousand baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 152 is the conflict-of-interest offence within the Malfeasance in Office chapter. Its elements are (1) being an official (2) with the duty to manage or supervise an undertaking, and (3) acquiring an interest, for the benefit of oneself or another, in connection with that undertaking. The benefit need not flow to the official personally; an interest secured for a related person, such as a spouse, is enough. The offence is complete when the official, while charged with overseeing the undertaking, becomes interested in it; there is no requirement that the State suffer a quantified loss, which separates this section from the loss-based offences in Sections 147 and 151. Its penalty range is lighter than the core corruption offences, without a life-imprisonment ceiling.
Why this matters in practice
Exposure is one to ten years plus a fine; the offence is non-compoundable and prosecuted by the State. The core question is whether the official's supervisory duty over the undertaking overlapped with a personal or family interest in it; that overlap, not proof of financial loss, is what the prosecution must establish. Officials who oversee projects touching land, contracts or businesses connected to relatives are exposed even where the deal looks routine. Because the ten-year maximum places the limitation period at fifteen years, historic dealings can still be pursued. For businesses dealing with public projects, corporate criminal liability in Thailand is a related concern.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8823/2559 (2016)
Where an official has the duty to supervise a project and the project benefits property belonging to his spouse, he is regarded as having acquired an interest in connection with that undertaking and is guilty under Section 152; the interest need not benefit the official personally.
The defendant, a provincial agriculture official, supervised a project that brought disease-free citrus seedlings onto land owned by his wife, which benefited that land. The Supreme Court held this amounted to acquiring an interest for the benefit of his spouse in connection with the undertaking, an offence under Section 152.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does the benefit have to go to the official personally?
No. An interest secured for another person, including a spouse or relative, in connection with the undertaking is enough under Section 152.
Must the State suffer a loss for Section 152 to apply?
No. Unlike Sections 147 and 151, this offence is complete when the supervising official becomes interested in the undertaking, without proof of quantified loss.