Section 361 — Mischief compoundable
English translation
The offence under Section 358 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 361 sets the procedural character of the mischief chapter, and it does so selectively. Only plain mischief under Section 358 is made compoundable; the aggravated forms in Section 359 (specific vital property) and Section 360 (public-benefit property) are deliberately excluded. The consequence is that plain mischief becomes a personal offence requiring a complaint within three months of knowing the offence and offender under Section 96, and a settlement extinguishes the case at any point before final judgment. This mirrors the pattern seen across the property-offence chapters, where the basic offence is compoundable but the aggravated public-interest forms are not.
Why this matters in practice
In practice, Section 361 is a powerful settlement tool in the everyday neighbour and family disputes where plain mischief is charged, often alongside trespass or assault. Because the complaint must be filed within three months of knowing the offence and offender, an injured party should act promptly, while a defendant may seek to resolve the case by settlement so the complaint is withdrawn. Note the limit: if the charge is aggravated mischief under Section 359 or damage to public-benefit property under Section 360, a settlement will not automatically dispose of it. See our overview of criminal law in Thailand.
Frequently asked questions
Which mischief offences are compoundable?
Only plain mischief under Section 358. The aggravated forms under Section 359 (specific vital property) and Section 360 (public-benefit property) are not made compoundable by Section 361.
How long do I have to file a mischief complaint?
For plain mischief you must complain within three months of knowing the offence and the offender under Section 96, or the prosecution is time-barred.