Section 197 — Obstructing a court-ordered auction
English translation
Whoever uses violence, threatens to use violence, gives a benefit, or agrees to give a benefit, in order to prevent or obstruct a sale by public auction conducted by an official pursuant to a judgment or order of a court, shall be liable to imprisonment not exceeding six months, or a fine not exceeding ten 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
The elements are: (1) a public auction conducted by an official pursuant to a court judgment or order; (2) one of the listed means, namely violence, threat of violence, giving a benefit, or agreeing to give a benefit; and (3) the purpose of preventing or obstructing that auction. It sits in the Title on Offences against Judicial Officials because it protects the integrity of court-ordered enforcement sales, including practices such as bid-rigging or intimidating bidders. The offense is complete once the prohibited means is used for the obstructive purpose, whether or not the auction is actually derailed.
Why this matters in practice
This provision reaches conduct at enforcement auctions such as intimidating rival bidders or paying others to stay away to depress the price. Note that both the person applying pressure and the person receiving or agreeing to a benefit to hold back can fall within the wording. Exposure is modest (up to six months), but the same facts may also expose parties to civil challenges to the auction result and, in serious cases, to other offenses such as extortion or collusion. Anyone involved in a disputed court-ordered auction should take criminal law advice in Thailand.
Frequently asked questions
Is bid-rigging at a court auction a crime in Thailand?
It can be. Section 197 punishes using violence, threats, or benefits to prevent or obstruct a court-ordered public auction, which covers pressuring or paying others to hold back their bids.
Does the auction have to actually fail for the offense to apply?
No. The offense is complete once a prohibited means is used with the purpose of preventing or obstructing the auction, whether or not the auction is actually stopped.