Section 350 — Defrauding creditors
English translation
Whoever, in order that his own creditor or the creditor of another person shall not receive payment of a debt in whole or in part, where a judicial claim to enforce payment has been or is about to be exercised, removes, conceals, or transfers to another person any property, or dishonestly causes himself to owe any untrue sum of debt, shall be liable to imprisonment not exceeding two years, or a fine not exceeding forty 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 350 is the core cheating-against-creditors offence. Its elements are: a creditor has exercised or is about to exercise a judicial claim for payment, the offender removes, conceals, or transfers property, or fabricates a debt owed by himself, and he acts with the specific intent that the creditor not be paid in whole or in part. A genuine creditor-debtor relationship is essential, so the offence protects a legally enforceable claim rather than a mere expectation. It can be committed by the debtor for his own benefit or by a third person acting for another's creditor, and the fabricated-debt limb targets sham obligations designed to dilute the assets available to real creditors.
Why this matters in practice
The single most important requirement is a real debt that a creditor can enforce in court. If a civil court later finds the underlying debt does not exist, the criminal charge collapses because there is no creditor to defraud. Transferring assets after a judgment, or once a lawsuit is clearly coming, is the classic fact pattern, and the timing of the transfer against the claim is what proves the intent. The offence is compoundable under Section 351, carries exposure of up to two years, and is frequently paired with a civil claim for the resulting loss. See our overview of fraud and dishonesty offences in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7430/2568 (2025)
Transferring one's own property to another person, with the special intent that a judgment creditor not receive the compensation owed, is the offence of defrauding creditors under Section 350 and is also a civil wrong against that creditor.
The defendant transferred property that had been subject to attachment as a judgment debtor, in order to keep the co-plaintiff, a judgment creditor for compensation, from being paid. The court treated this as defrauding creditors under Section 350 and as a tort, and the trial court imposed six months imprisonment.
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Supreme Court Judgment No. 4675/2565 (2022)
Where a civil court has found that the accused did not owe the debt claimed, the parties are not creditor and debtor to each other, so a criminal charge of defrauding creditors under Section 350 has no basis in itself.
The civil judgment held that the defendant did not owe the debt the co-plaintiff had sued on. Because no creditor-debtor relationship existed, the Supreme Court confirmed that the defrauding-creditors charge failed, and this was not an improper importation of the civil ruling into the criminal case.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does there have to be a court case for Section 350 to apply?
The creditor must have exercised or be about to exercise a judicial claim for payment. A real, legally enforceable debt is required, not just an informal expectation of being paid.
What happens if the debt turns out not to exist?
If a civil court finds the accused did not owe the debt, there is no creditor-debtor relationship and the Section 350 charge has no basis, as the Supreme Court has held.
Is transferring my own property to a relative before a lawsuit a crime?
It can be, if a creditor's claim has been or is about to be made and the transfer is intended to keep that creditor from being paid. The timing and purpose of the transfer are decisive.