Section 204 — Malfeasance over court-ordered property
English translation
Whoever, being a public official having the duty to manage or keep any property under an order of the court, commits any breach of his duty in managing or keeping that property so as to cause damage to any person, shall be liable to imprisonment not exceeding seven years, or a fine not exceeding one hundred and forty 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
Sitting within the chapter on malfeasance in judicial office, this provision targets an official specifically entrusted by a court order with managing or keeping property, such as a court-appointed custodian or receiver of seized or attached assets. The elements are: (1) the offender is a public official, (2) with a duty under a court order to manage or keep property, (3) who breaches that duty by any means, and (4) the breach causes damage to a person. Liability turns on the breach of the entrusted duty and resulting damage, not on proof of dishonest intent, which distinguishes it from the general dishonesty offence of an official under Section 157.
Why this matters in practice
Exposure is serious: up to seven years of imprisonment plus a fine, and the offence is not settleable between private parties because it is an offence against the State committed in an official capacity. In practice a complaint under this section usually rides alongside a claim that the official acted dishonestly or abused position, so the defence often focuses on whether a court order actually imposed the custody duty and whether the alleged breach truly caused the loss. Anyone facing such an allegation should get advice early; you can arrange an online consultation with a Thai lawyer.
Frequently asked questions
Who can be prosecuted under Section 204?
Only a public official who has been given a duty by a court order to manage or safekeep property, and who breaches that duty in a way that causes damage to someone.
What is the penalty under Section 204?
Imprisonment of up to seven years, or a fine of up to 140,000 baht, or both.
Can a Section 204 charge be settled privately?
No. It is an offence against the State committed in an official capacity, so it cannot be compounded by private settlement.