Section 322 — Opening another's sealed correspondence
English translation
Whoever opens a seal, or does any act to a letter, telegram or any document which is sealed and addressed to another person, in order to learn the contents of that letter, telegram or document, 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
Section 322 opens the Penal Code's chapter on offences of disclosing private secrets. The elements are: a letter, telegram or document that is sealed and addressed to another person; an act of opening the seal or otherwise interfering with it; and the specific intent to learn the contents. The offence is complete on opening with that purpose, whether or not the contents are then revealed to anyone; onward disclosure of what is learned is dealt with separately under Sections 323 and 324. It sits alongside the professional-secrecy offence in Section 323 and, by Section 325, is a compoundable offence.
Why this matters in practice
Penalty exposure is modest, but a conviction still creates a criminal record. Because the chapter is compoundable under Section 325, the injured person can withdraw the complaint or settle at any stage, and a genuine settlement ends the case. Common defences are absence of intent to learn the contents (for example, opening mail reasonably believed to be one's own) or lawful authority to open. If you are accused, early online consultation with a Thai lawyer helps assess whether the intent element can be proven.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 253/2520 (1977)
Opening another person's sealed envelope with intent to learn the confidential contents is an offence under Section 322, which is compoundable; a valid settlement between the parties extinguishes the prosecution.
The defendant opened a sealed letter belonging to others intending to learn its contents and then disclosed them. The trial court convicted under Section 322, but the Supreme Court noted the offence is compoundable and that the injured party had confirmed a settlement, so the case could not proceed.
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Supreme Court Judgment No. 2215/2533 (1990)
Opening an employer's sealed letter is capable of constituting an offence under Sections 322 and 83 as an intentional criminal act against the employer, but the point turns on the factual finding of whether the accused in fact opened it.
In a labour dispute the employer claimed the employee had jointly opened its sealed letter, an offence under Sections 322 and 83. The Labour Court found the employee had not done so, and the Supreme Court declined to review that factual finding on appeal.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is opening someone else's mail a crime in Thailand?
Yes. Under Section 322 of the Penal Code, opening a sealed letter, telegram or document addressed to another person in order to read its contents is punishable by up to six months in prison or a fine of up to 10,000 baht, or both.
Can a Section 322 case be settled?
Yes. By Section 325 the offences in this chapter are compoundable, so the injured person may settle or withdraw the complaint, which ends the prosecution.