Section 269/3 — Forging a payment or cash card
English translation
Whoever forges an electronic card under Section 269/1(1) that an issuer has issued to an entitled user, for use in paying for goods, services, or other debts in lieu of cash, or for cash withdrawal, shall be liable to imprisonment from three years to ten years and a fine from sixty thousand baht to two hundred 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 269/3 raises the penalty for forging an electronic card above the general offence in Section 269/2, where the card is a physical instrument under Section 269/1(1) issued to an entitled user for payment in lieu of cash or for cash withdrawal, in other words a credit, debit, or ATM card. The aggravating element is the card's function as a payment or withdrawal instrument. It carries a three-year minimum and a ten-year maximum with a mandatory fine, the heaviest scale in the Chapter. Using or possessing for use a card forged under this section is separately punishable under Section 269/4, and conduct is frequently charged cumulatively with theft under Section 334.
Why this matters in practice
The exposure here is significant: a three-year minimum makes a purely suspended sentence unusual, especially in organised card-cloning cases where dozens of forged cards are seized. Prosecutions routinely stack Section 269/3 (forging) with Section 269/4 (using or possessing for use) and theft under Section 334, punished as separate counts per card or per transaction. The defence typically contests whether the card is genuinely a payment or withdrawal card under the definition, and whether the accused made rather than merely possessed it. Given the mandatory prison floor, restitution and cooperation are the practical levers on sentence. See fraud and scam laws in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3499/2552 (2009)
Making and using forged payment cards under Section 269/3 read with Sections 269/1 and 269/4 constitutes several distinct offences, punished count by count where multiple forged cards and transaction records are involved.
Police arrested the defendants with 39 forged Visa credit cards and 7 transaction slips. They were charged under Sections 269/1, 269/3, 269/4, 269/7, and 334, and convicted under Section 269/3 and 269/4 read with Sections 269/1 and 83, with the acts treated as several distinct offences punished cumulatively.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How is Section 269/3 different from Section 269/2?
Section 269/2 covers forging any electronic card and carries one to five years. Section 269/3 applies specifically to forging a payment or cash-withdrawal card issued to a user and carries the heavier range of three to ten years plus a fine.
Can forging and using cloned cards be punished separately?
Yes. Making a forged payment card under Section 269/3 and using or possessing it for use under Section 269/4 are treated as separate offences and can be punished cumulatively, often alongside theft under Section 334.