Section 348: Fraud offences are compoundable
Statutory text (Thai original)
ความผิดในหมวดนี้ นอกจากความผิดตามมาตรา ๓๔๓ เป็นความผิดอันยอมความได้
English translation
The offences in this Chapter, other than the offence under Section 343, are compoundable offences.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 348 is the compounding provision for the chapter on cheating and fraud. It creates no offence and imposes no penalty. It states a class rule with a single exception: every offence in the chapter is compoundable other than public fraud under Section 343. So Sections 341, 342, 344, 345, 346 and 347 are compoundable, while Section 343 is a State offence that the public prosecutor may pursue even after the parties have come to terms. Because the same facts can often be framed either as ordinary fraud or as fraud on the public, the section actually charged, rather than the penalty range, is what decides whether the case can be settled. Compoundability also engages Section 96: the injured person must lodge a complaint within three months of becoming aware both of the offence and of the offender, failing which prosecution is barred, and that short period runs independently of the general prescription periods in Section 95.
Why this matters in practice
This is the section that decides whether paying the money back can end a criminal case. If the charge is under Section 341, 342, 344, 345, 346 or 347, a genuine settlement in which the injured person withdraws the complaint extinguishes the right to prosecute. If the charge is public fraud under Section 343, it does not, and the case can proceed even after the loss has been repaid in full. Two things follow in practice. Check the section actually charged before negotiating, because the same conduct can often be framed either way. And watch the three-month complaint period in Section 96, which is short and runs from the day the injured person knew of both the offence and the offender, not from the day of the loss. A withdrawal of complaint should be unconditional and properly recorded, since a conditional or disputed withdrawal invites argument about whether the right to prosecute was ever extinguished. See our guide to fraud and scam laws in Thailand.
Cited in 5 Supreme Court decisions (1958 to 2022)
Selected citing decisions
- Decision 747/2565 (2022)
- Decision 11732/2557 (2014)
- Decision 1221/2515 (1972)
- Decision 1341/2501 (1958)
- Decision 4752/2545 (2002)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
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Frequently asked questions
What does Section 348 do?
It makes every offence in the cheating and fraud chapter compoundable, except public fraud under Section 343. It creates no offence of its own and carries no penalty.
Which fraud offences can be settled?
Sections 341, 342, 344, 345, 346 and 347. Public fraud under Section 343 cannot be settled: it is a State offence and the prosecution may continue even after the loss has been repaid.
How long does the injured person have to complain?
Three months from becoming aware both of the offence and of the offender, under Section 96. Once that period passes the prosecution is barred, however long the general prescription period in Section 95 would otherwise run.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Penal Code, s. 348 (Thailand) -
Academic citation
Penal Code (Thailand), s. 348. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-348/ (accessed 6 September 2026). -
Thai citation
ป.อ. มาตรา 348 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-348/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-348/"><p>The offences in this Chapter, other than the offence under Section 343, are compoundable offences.</p><footer>Penal Code, s. 348 (Thailand): <a href="https://www.thailawonline.com/thai-penal-code/section-348/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.