Section 168 — Disobeying summons to give statement
English translation
Whoever disobeys a lawful order of a public prosecutor, a case prosecutor or an inquiry official requiring them to appear to give a statement shall be liable to imprisonment not exceeding three months, or a fine not exceeding five thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 168 is a minor offence protecting the fact-gathering function of prosecutors and inquiry officials. Its elements are: (1) a lawful order of a public prosecutor, case prosecutor or inquiry official; (2) requiring the person to appear to give a statement; and (3) disobedience of that order. A key limit, recognised by the Supreme Court, is that the order must be a genuine "lawful order": because the Criminal Procedure Code forbids compelling a suspect to give a statement and bars inducement or threats, a summons directed at a suspect to come and give a statement is not a lawful order within Section 168, and the remedy for a non-appearing suspect is an arrest warrant, not this offence. It is therefore aimed primarily at witnesses and other persons, not at suspects asserting their right to silence.
Why this matters in practice
This is a low-level offence, three months at most, and it is often the only leverage a prosecutor or inquiry official has against a reluctant witness. The most important practical point is the suspect-versus-witness distinction: a suspect who declines to attend and give a statement is not committing this offence, because a suspect cannot be compelled to speak and the proper response is an arrest warrant under the Criminal Procedure Code. A witness genuinely summoned, by contrast, risks liability if they disobey without lawful excuse. If you have received a summons and are unsure whether you are being treated as a witness or a suspect, consult a Thai lawyer before responding.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1341/2509 (1966)
A summons requiring a suspect to appear and give a statement is not a lawful order within Section 168, because the Criminal Procedure Code prohibits compelling a suspect to give a statement and bars inducement or threats; the remedy for a suspect who fails to appear is an arrest warrant, and Section 168 was not intended to apply to a suspect refusing to attend before the inquiry official.
Decided in general assembly, the Court held that because a suspect cannot be compelled to give a statement under the Criminal Procedure Code, a summons to a suspect is not a lawful order for the purposes of Section 168. Where a suspect fails to appear, the code already provides an arrest warrant as the remedy, so Section 168 does not reach a suspect who declines to attend.
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 a suspect commit an offence by refusing to give a statement?
No. The Supreme Court has held that a summons requiring a suspect to give a statement is not a lawful order under Section 168, because a suspect cannot be compelled to speak. The remedy for non-appearance is an arrest warrant, not this offence.
What is the penalty under Section 168?
Imprisonment not exceeding three months, or a fine not exceeding 5,000 baht, or both.