Section 351 — Cheating against creditors compoundable
English translation
The offences in this chapter are compoundable offences.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 351 does not create an offence; it fixes the procedural character of the chapter. By declaring the cheating-against-creditors offences compoundable, it makes them personal offences that require a complaint by the injured party and that can be settled at any stage before final judgment. This has two practical consequences: the injured creditor must file a complaint within three months of knowing both the offence and the offender, and the parties retain control because a settlement extinguishes the criminal case.
Why this matters in practice
In practice this section is a strong lever for settlement. A creditor who has filed a Section 349 or 350 case can agree terms with the debtor and withdraw the complaint, and the criminal case ends. Conversely, a creditor must act quickly: the three-month complaint window under Section 96 runs from when the creditor learns of the offence and the offender, and missing it bars prosecution. Anyone weighing whether to press or settle such a case should take advice on the wider criminal law framework in Thailand.
Frequently asked questions
Which offences does Section 351 make compoundable?
All offences in the cheating-against-creditors chapter, which are Section 349 (damaging one's own pledged property) and Section 350 (defrauding creditors).
Why does compoundable status matter?
It means the injured party must complain within three months of knowing the offence and offender, and it lets the parties settle so the criminal case can be withdrawn before final judgment.