Section 268 — Using a forged document
English translation
Whoever uses or refers to a document arising from the commission of an offence under Section 264, Section 265, Section 266, or Section 267, in a manner likely to cause damage to another person or to the public, shall be liable to the penalty prescribed in that Section.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 268 criminalises the use of a document forged or falsified under Sections 264, 265, 266, or 267. Its elements are: (1) using or referring to such a document; and (2) a manner likely to cause damage to another or the public. It does not carry its own penalty scale; instead it borrows the penalty of whichever underlying section produced the document, so use of a Section 266 document carries the one-to-ten-year range. A settled point in practice is that where the same person both forges and uses the document, the two are treated as a single act and punished once under Section 268 read with the underlying section, rather than cumulatively.
Why this matters in practice
Because Section 268 takes its penalty from the underlying section, the real exposure depends on the document type: use of an ordinary forged document tracks Section 264 (up to three years), while use of a will or bill of exchange tracks Section 266 (up to ten years). When the forger and the user are the same person, expect a single combined punishment, not double counting; where they are different people, the user is liable in his own right. The offence is often prosecuted alongside fraud under Section 341, and the defence commonly disputes knowledge that the document was forged. Restitution and a guilty plea remain central to obtaining a suspended sentence. See fraud and scam laws in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3399/2568 (2025)
Use of a forged document under Section 268 together with forgery under Section 264 and fraud under Section 341, arising from one act of equal penalty, is punished as a single joint-fraud count.
The defendant was prosecuted under Sections 264, 268, and 341. The trial court held the conduct to be a single act violating several provisions of equal penalty and punished it as joint fraud with three years imprisonment, with restitution of 1,100,000 baht ordered.
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Supreme Court Judgment No. 1164/2568 (2025)
Use of a forged document under Section 268 read with Section 264 supports conviction alongside a connected property offence, with restitution limited to the injured party's proportionate ownership share.
The defendant pleaded guilty and was convicted under Section 264 paragraph one and Section 268 together with a property offence. Restitution was set at half the vehicle's value, 650,000 baht, reflecting the injured party's co-ownership.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What penalty applies to using a forged document?
Section 268 carries the same penalty as the section under which the document was forged. Using an ordinary forged document tracks Section 264 (up to three years), while using a forged will or bill of exchange tracks Section 266 (up to ten years).
If I both forged and used the document, is that two crimes?
When the same person forges and then uses the document, Thai courts treat it as a single act and impose one punishment under Section 268 read with the underlying section, rather than punishing forgery and use separately.