Section 366 — Trespass offences are 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
This is a general-part rule for the Chapter rather than an offence of its own: it classifies every trespass offence in Sections 362 to 365 as compoundable. The practical effect flows through the Criminal Procedure Code and the limitation rules of the Penal Code: for a compoundable offence the injured person must lodge a complaint within three months of learning of the offence and the offender, and a withdrawal of the complaint extinguishes the right to prosecute. Where a single incident produces both trespass and non-compoundable charges, settlement disposes only of the trespass counts.
Why this matters in practice
For a complainant this section is a double-edged tool: it opens the door to a negotiated settlement, but it also imposes a strict three-month window to complain, counted from when you knew both the offence and who did it, after which the trespass claim is time-barred under Section 96. For an accused, prompting the occupier to withdraw the complaint is often the fastest route to ending a trespass prosecution. Keep clear records of the date you learned of the trespass, because the three-month clock is frequently decisive. Sound criminal law guidance on the compounding and limitation interplay is worthwhile before either filing or settling.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 9026/2553 (2010)
Trespass under Section 362 is a compoundable offence by virtue of Section 366, so where the injured party filed no complaint the prosecution had to be brought within three months of learning of the offence and the offender, failing which the case is time-barred under Section 96.
The lower courts convicted the defendant of trespass under Section 362. The Supreme Court held that as a compoundable offence with no complaint lodged, and prosecution begun more than three months after the plaintiff learned of the offence and offender, the trespass charge was time-barred.
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Supreme Court Judgment No. 9337/2552 (2009)
Conduct amounting to trespass under Section 364 is a compoundable offence under Section 366, so once the injured person withdraws the complaint the right to prosecute is extinguished under Criminal Procedure Code Section 39(2).
The Supreme Court found the defendant's conduct amounted to trespass under Section 364, a compoundable offence per Section 366. After the injured person withdrew the complaint, the right to bring the criminal case lapsed and the case was struck from the docket.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Which trespass offences can be settled under Section 366?
All of them. Section 366 makes every trespass offence in the Chapter, Sections 362 through 365, compoundable, so any of them can be settled or withdrawn.
How long do I have to file a trespass complaint?
Because trespass is compoundable, you must complain within three months of learning of the offence and the offender, otherwise the case is time-barred under Section 96.
What happens if the injured person withdraws the complaint?
The right to prosecute the trespass is extinguished and the criminal case is struck out.