Section 158 — Damaging property or documents in official's care
English translation
Whoever, being an official, damages, destroys, conceals, takes away, or causes the loss of, or renders useless, any property or document which it is his duty to keep or maintain, or consents to another person doing so, shall be punished with imprisonment not exceeding seven years and a fine not exceeding one hundred forty 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 158 protects the integrity of property and documents entrusted to an official's custody. Its elements are (1) being an official (2) with the duty to keep or maintain the property or document, and (3) damaging, destroying, concealing, taking away, causing the loss of or rendering it useless, or (4) consenting to another doing so. Unlike the peculation offence in Section 147, this section does not require dishonest misappropriation for personal gain; the wrong is the harm to, or loss of, items in the official's care. It overlaps with Section 147 where an official misappropriates funds he is charged to keep, and on the same facts the offences may be treated as a single act punished under the heaviest provision. Its penalty range, up to seven years and a fine, is lighter than the core corruption offences.
Why this matters in practice
Exposure is up to seven years and a fine; the offence is non-compoundable and prosecuted by the State, and the seven-year maximum places the limitation period at ten years. Because the harm to entrusted property or records is enough, an official can be exposed even without proof of personal enrichment, for example where files or evidence in his custody go missing or are destroyed. Where the same conduct also amounts to embezzlement under Section 147, expect the counts to be analysed as one act with sentencing under the heavier provision, so the practical exposure is usually driven by the Section 147 count.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7095/2549 (2006)
Where an official misappropriates money he is charged to manage or keep, the single act can constitute Sections 147, 157 and 158 together, punished under Section 147 as the heaviest provision; separate takings from different persons on different occasions are separate offences.
The defendant received and misappropriated money from different persons on different occasions. The court held each misappropriation was a separate offence, and that on the same facts the conduct constituted Sections 147, 157 and 158 as a single act, sentenced under Section 147 as the heaviest provision.
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 Section 158 require the official to profit?
No. The offence is harming, losing or destroying property or documents in the official's care; personal enrichment is not required.
How does Section 158 interact with official embezzlement?
Where an official misappropriates funds he is charged to keep, the conduct may fit both Section 158 and Section 147, treated as a single act punished under the heavier provision.