Section 366: Trespass offences are compoundable except Section 365
Statutory text (Thai original)
ความผิดในหมวดนี้ นอกจากความผิดตามมาตรา ๓๖๕ เป็นความผิดอันยอมความได้
English translation
The offences in this Chapter, other than the offence under Section 365, are compoundable offences.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
This is a general-part rule for the Chapter rather than an offence of its own: it classifies the trespass offences in Sections 362, 363 and 364 as compoundable, while expressly carving out the aggravated offence under Section 365. 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. Because Section 365 is excluded, a trespass committed with violence or the threat of violence, with a weapon, by two or more persons together, or at night, cannot be settled and the prosecution continues whatever the occupier wishes. Where a single incident produces both trespass and non-compoundable charges, a settlement extinguishes only the compoundable 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.
Cited in 6 Supreme Court decisions (1964 to 2010)
Selected citing decisions
- Decision 2269/2538 (1995)
- Decision 2253/2531 (1988)
- Decision 9026/2553 (2010)
- Decision 9337/2552 (2009)
- Decision 905/2507 (1964)
- Decision 405/2507 (1964)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Which trespass offences can be settled under Section 366?
All except one. Section 366 makes the trespass offences in Sections 362, 363 and 364 compoundable, but it expressly excludes the aggravated offence under Section 365, which cannot be settled.
How long do I have to file a trespass complaint?
For the compoundable trespass offences in Sections 362 to 364, you must complain within three months of learning of the offence and the offender, otherwise the case is time-barred under Section 96. Aggravated trespass under Section 365 is not compoundable and is not subject to that three-month rule.
What happens if the injured person withdraws the complaint?
For a compoundable trespass under Sections 362 to 364, the right to prosecute is extinguished and the criminal case is struck out. A charge under Section 365 is unaffected, because it is not compoundable.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Penal Code, s. 366 (Thailand) -
Academic citation
Penal Code (Thailand), s. 366. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-366/ (accessed 21 August 2026). -
Thai citation
ป.อ. มาตรา 366 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-366/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-366/"><p>The offences in this Chapter, other than the offence under Section 365, are compoundable offences.</p><footer>Penal Code, s. 366 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-366/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.