Section 153 — Official over-disbursing public money
English translation
Whoever, being an official having the duty to disburse money, disburses that money in excess of what ought to be disbursed, for the benefit of himself or another, 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 153 targets a specific form of malfeasance: an official charged with disbursing money pays out more than is due, to benefit himself or someone else. Its elements are (1) being an official (2) with the duty to disburse money and (3) disbursing in excess of what ought to be paid (4) for the benefit of oneself or another. The offence is completed at the moment of the over-disbursement; it is a completed offence, not merely an attempt, and later recovery of the excess does not undo it. It sits among the property-related malfeasance offences and carries the one-to-ten-year range shared with Sections 152, rather than the heavier life-imprisonment tier of Sections 147 and 151.
Why this matters in practice
Exposure is one to ten years plus a fine; the offence is non-compoundable and prosecuted by the State. A defence that the money was later reclaimed or the loss made good does not defeat the charge, because the crime is complete on the excess payment; recovery bears only on mitigation. The ten-year maximum sets the limitation period at fifteen years. In practice the section is often charged together with the general malfeasance offence in Section 157 and document offences where false paperwork supports the over-payment.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 11741/2557 (2014)
Over-disbursement under Section 153 is a completed offence once the excess is paid out; the fact that the money was later reclaimed, so the debt was not yet discharged, does not reduce it to a mere attempt.
The Supreme Court held that the defendant's act was a completed offence under Section 153, not merely an attempted over-disbursement, even though the money was later reclaimed and the underlying debt had not yet been extinguished. The section was charged together with Sections 157 and 162.
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 reclaiming the over-paid money undo the offence?
No. The offence under Section 153 is complete at the moment of the over-disbursement; later recovery affects only mitigation, not guilt.
Is over-disbursement only an attempt if the money is not lost?
No. Courts treat it as a completed offence once the excess is paid out, not a mere attempt.