Section 334 — Theft of property
English translation
Whoever dishonestly takes away the property of another person, or property of which another person is a co owner, commits the offence of theft, and shall be liable to imprisonment not exceeding three years and a fine not exceeding sixty 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 334 is the base offence of theft and the foundation of the chapter on theft and snatching. Its elements are: taking away property; the property belongs to another or is co-owned by another; and the taking is done dishonestly. The dishonest intent is central and distinguishes theft from borrowing or an honest mistake as to ownership, and the co-ownership clause makes clear that taking jointly owned property can be theft. Theft is completed by the taking away with dishonest intent. This base offence is aggravated by the circumstances listed in Section 335 (for example, at night, with a weapon, or by two or more persons together) and by the use of a vehicle under Section 336 bis, and it is distinct from snatching in Section 336, which requires taking openly in the victim's presence.
Why this matters in practice
Theft is a non-compoundable offence, so returning the property or paying compensation does not by itself end the criminal case, though it is a strong mitigating factor and courts often reduce sentences where the accused confesses and makes good the loss. Penalty exposure is up to three years, but rises sharply if aggravating circumstances under Section 335 or the use of a vehicle under Section 336 bis are proved, so identifying which section is charged is critical. Common defences focus on the absence of dishonest intent, a genuine claim of right, or a lawful basis for taking. The victim may claim restitution or the value of the property alongside the criminal case.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3672/2568 (2025)
Theft under Section 334 committed with the use of a motor vehicle to facilitate the offence or the escape is aggravated under Section 336 bis, carrying a heavier penalty.
The defendant used a pickup truck in committing the theft and was convicted under Section 334 in conjunction with Section 336 bis, and sentenced to 4 years 6 months imprisonment before mitigation.
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 is the penalty for theft in Thailand?
Basic theft under Section 334 carries up to three years in prison and a fine of up to 60,000 baht. The penalty is higher where aggravating circumstances under Section 335 or a vehicle under Section 336 bis are involved.
Does returning the stolen property end a theft case?
No. Theft is not a compoundable offence, so returning the property does not stop the prosecution, but it is a significant mitigating factor that often reduces the sentence.