Section 354 — Aggravated misappropriation by trusted persons
English translation
If the offence under Section 352 or Section 353 is committed by an offender who is an administrator of another person's property by order of the court or under a will, or who is a person whose occupation or business is one that naturally commands the trust of the public, the offender shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred 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 354 is the aggravated form of the two preceding misappropriation offences. It does not create a separate offence; it raises the maximum penalty of Section 352 or Section 353 from three years to five where the offender occupies a position of heightened trust. The qualifying capacities are: administrator of another's property by court order, administrator under a will (for example an estate administrator), and a person whose occupation or business naturally commands public trust. The rationale is that a betrayal of these fiduciary or public-facing roles is more serious. Charges are pleaded as Section 352 or 353 read with Section 354, and the chapter remains compoundable under Section 356.
Why this matters in practice
The trigger for this section is the offender's role, so identifying the capacity is the first task in any charge or defence: estate administrators, court-appointed managers, and regulated professionals face five years rather than three. The uplift matters for bail, plea strategy, and settlement leverage even though the offence stays compoundable. Estate disputes are the most common setting, where an administrator who diverts or mismanages estate assets is exposed under Sections 352 or 353 read with 354. Because these cases turn on documents and accounts, early legal advice on the fiduciary duty and the three-month complaint deadline is essential. See criminal law in Thailand for the wider framework.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1649/2567 (2024)
An estate administrator appointed by court order who misappropriates the deceased's estate property is guilty of aggravated misappropriation under Sections 352 and 354, as an administrator of another's property by order of the court.
The record showed that a defendant, prosecuted as an administrator of another's property by court order (administrator of the deceased's estate), was found guilty of misappropriating the estate under Sections 352 and 354. The decision illustrates how the aggravated form attaches to a court-appointed estate administrator.
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Supreme Court Judgment No. 5902/2567 (2024)
Persons entrusted by court order to manage another's property who dishonestly breach their duty are convicted under Section 353 read with the aggravating Section 354, reflecting the higher penalty for court-appointed managers.
The two defendants were managers of another's property by court order who breached their duty dishonestly and caused loss. They were convicted under Section 353 read with Section 354 and sentenced to two years each, affirmed on appeal.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When does misappropriation carry five years instead of three?
When the offender is an administrator of property by court order or under a will, or a person in an occupation or business the public naturally trusts. Section 354 raises the maximum penalty in those cases.
Does Section 354 apply to an estate administrator?
Yes. An administrator of an estate under a will or by court order who misappropriates or mismanages estate assets falls squarely within Section 354, read with Section 352 or 353.
Is aggravated misappropriation still compoundable?
Yes. Section 354 only raises the penalty; the whole misappropriation chapter remains compoundable under Section 356, so a settlement can still end the case.