Section 346 — Fraud is compoundable
English translation
The offence of cheating and fraud under Section 341 to Section 345 is a compoundable offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 346 is a compoundability rule within the cheating and fraud chapter. It designates the offences under Sections 341 to 345, the base fraud offence and several of its variants, as compoundable offences. The practical effect is that the injured person's decision controls the criminal case: a valid settlement and withdrawal of the complaint extinguishes the right to prosecute. This provision is important because not every offence in or near the chapter is compoundable; public fraud, which is treated as a state offence, remains prosecutable even after the victim settles. The section defines no conduct and imposes no penalty; it governs how the listed fraud offences may be resolved.
Why this matters in practice
This section is decisive for strategy in fraud cases. Because Sections 341 to 345 are compoundable, a genuine settlement in which the injured person withdraws the complaint ends the prosecution, which gives defendants a strong incentive to make restitution and gives victims leverage. It matters to timing as well, since a valid withdrawal must be clear and unconditional. The key limit is that public fraud is not within this section and remains a state offence that the prosecutor can pursue despite a settlement. Anyone weighing a settlement should confirm exactly which sections are charged. See our guide to fraud and scam laws in Thailand.
Frequently asked questions
Which fraud offences are compoundable under Section 346?
Section 346 makes the offences of cheating and fraud under Sections 341 to 345 compoundable, meaning a settlement and withdrawal of the complaint can end the case.
Is public fraud compoundable?
No. Public fraud is treated as a state offence and is not within Section 346, so the prosecutor can pursue it even after the victim settles.
Does settling a fraud case really stop the prosecution?
For compoundable fraud under Sections 341 to 345, a genuine and unconditional withdrawal of the complaint extinguishes the right to prosecute, but confirm which sections are charged.