Section 341 — Cheating and fraud
English translation
Whoever dishonestly deceives another person by asserting a false statement or by concealing facts that should be disclosed, and by such deception obtains property from the person deceived or a third person, or causes the person deceived or a third person to execute, revoke or destroy a document of right, commits the offence of cheating and fraud and shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty 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 341 is the base offence in the chapter on cheating and fraud. Its elements are dishonest intent, deception by a false statement or by concealing facts that should be disclosed, and a result: obtaining property from the deceived person or a third person, or causing such a person to execute, revoke or destroy a document of right. This basic form is the reference point for the aggravated variants in the chapter, including impersonation or exploitation of a vulnerable victim, public fraud, and fraud committed through computer systems, each carrying heavier penalties. Where a scheme deceives the victim on several separate occasions and each deception is independent, the acts constitute several distinct offences rather than one continuing offence.
Why this matters in practice
Basic fraud under Section 341 is a compoundable offence by virtue of Section 346, so a genuine settlement and withdrawal of the complaint can end the criminal case, unlike public fraud, which is a state offence and is not compoundable even after settlement. Exposure is up to three years or a fine, so many first-time or repaid cases resolve by compromise. A frequent structural issue is whether repeated deceptions are one offence or many, which directly affects total exposure, since separate deceptions are counted separately. Note also that any civil restitution ordered in the criminal case follows civil-liability rules. See our guide to fraud and scam laws in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3133/2568 (2025)
Where a victim is deceived and transfers money on separate occasions, and the offender could halt the conduct each time, the acts are several distinct offences rather than one continuing offence with a single intent.
The court held that because the victim was induced to transfer money in each separate instance and the defendant could stop each time, the case was not a continuation of a single first act with one intent, so the acts were several distinct offences.
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Supreme Court Judgment No. 238/2568 (2025)
Two persons who together deceive a victim into transferring money are co-principals in fraud under Section 341 combined with Section 83 and may be ordered to return the money obtained.
The defendants were convicted under Section 341 together with Section 83 as co-principals and ordered jointly to return the money obtained from the victim, with the appellate court affirming.
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 fraud under Section 341 compoundable in Thailand?
Yes. By virtue of Section 346, cheating and fraud under Sections 341 to 345 is compoundable, so a genuine settlement and withdrawal of the complaint can end the criminal case.
What is the penalty for basic fraud?
Section 341 sets imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
If a scammer deceived me several times, is it one charge or many?
Where each deception is separate and the offender could stop each time, the acts are treated as several distinct offences rather than one continuing offence, which increases total penalty exposure.