Section 321 — Compoundable liberty offences
English translation
The offences under Section 309 paragraph one and Section 310 are compoundable offences.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 321 designates which offences in this Title on offences against liberty may be compounded. It is deliberately narrow: only the first paragraph of Section 309 (basic coercion) and Section 310 (basic deprivation of liberty) qualify. Every aggravated form is excluded, so the second and third paragraphs of Section 309 (weapon, group of five or more, document of right, or secret-society or gang authority), the aggravated confinement in Section 311, and the ransom, sexual-purpose, abduction, trafficking, and cross-border offences in Sections 312 to 319 are all non-compoundable. Being a compoundable offence means it is a personal offence: a valid settlement by the injured party extinguishes the right to bring the criminal case under the Criminal Procedure Code. The effect is substantive, so it governs whether the prosecution can continue at all, not merely the sentence.
Why this matters in practice
The practical stakes of this section are high because compoundability decides whether a case can be ended by settlement. If the conduct fits only basic coercion (Section 309 paragraph one) or basic confinement (Section 310), the injured party's settlement, properly made, extinguishes the prosecution. But once the facts add a weapon, a group of five or more, or any aggravating element, the charge shifts into a non-compoundable paragraph and no settlement can stop it. This is why the exact paragraph charged matters so much, and why prosecutors and complainants frame the facts to include or exclude aggravating circumstances. For a minor, a settlement made on their behalf by a lawful representative can be valid. Anyone weighing a settlement should first confirm the precise charge through online consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1288/2564 (2021)
Joint unlawful confinement under the first paragraph of Section 310 is a compoundable offence under Section 321, so a valid settlement by the injured party extinguishes the right to prosecute.
The mother, as lawful representative, settled on behalf of the injured minor. The court held that because joint confinement depriving another of bodily liberty under Section 310 paragraph one is compoundable under Section 321, the right to prosecute was extinguished under the Criminal Procedure Code. As a matter of public order, the Supreme Court raised the point on its own and extended the ruling to a co-defendant who had not appealed.
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Supreme Court Judgment No. 693/2559 (2016)
Where coercion under Section 309 is committed with a weapon and by five or more persons acting together, it falls under the second paragraph and is not a compoundable offence under Section 321, so a settlement cannot extinguish the prosecution.
The court held that coercion committed with a weapon and by five or more persons acting together is an offence under the second paragraph of Section 309, which is not a personal or compoundable offence under Section 321. The right to prosecute therefore could not be extinguished by settlement under the Criminal Procedure Code, in contrast to the compoundable first paragraph.
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Supreme Court Judgment No. 5521/2537 (1994)
Coercion under the first paragraph of Section 309 is a compoundable offence under Section 321, so where the injured party informs the court of no wish to prosecute, that amounts to settlement and the right to prosecute is extinguished.
The evidence showed only that the defendant had threatened the victim into going with him, which constituted an offence under the first paragraph of Section 309. Because that paragraph is compoundable under Section 321, and the victim had filed a request stating no wish to prosecute on any charge before the case became final, this was treated as settlement of a personal offence and the right to prosecute was extinguished under the Criminal Procedure Code.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Which liberty offences can be settled under Section 321?
Only two: basic coercion under the first paragraph of Section 309, and unlawful deprivation of liberty under Section 310. All aggravated and purpose-based offences in the Title are non-compoundable.
Why does the exact paragraph of Section 309 matter?
Because only the first paragraph is compoundable. If a weapon or a group of five or more is involved, the offence falls under the second paragraph, which cannot be settled to end the prosecution.
What is the effect of a valid settlement in a compoundable case?
A proper settlement by the injured party extinguishes the right to bring the criminal case, so the prosecution cannot continue. The effect is on the case itself, not merely on the sentence.