Penal Code

Section 385 — Petty dishonest taking of property

English translation

Whoever dishonestly takes away property of another, or property in which another is a co-owner, where the value of the property does not exceed one thousand baht, shall be liable to imprisonment not exceeding one month, or a fine not exceeding ten 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

This section penalizes the dishonest taking away of another's property, including property in which the accused himself may be a co-owner, at the low-value level of a petty offence. The elements are (1) dishonestly taking away property, (2) that belongs to another or is jointly owned, and (3) with a value not exceeding 1,000 baht. Its coverage of co-owned property is notable, as it reaches conduct against jointly held things that ordinary theft, aimed at property of another, may not squarely capture.

Why this matters in practice

Penalty exposure is limited: one month's imprisonment or a fine up to 10,000 baht. The key issues are dishonest intent and the low value ceiling, and disputes over co-owned property often raise the question of whether the taker had a genuine claim of right, which negates dishonesty. Because the sums involved are small, a repayment or return of the item frequently defuses the complaint in practice.

Frequently asked questions

Does Section 385 cover jointly owned property?

Yes. The section expressly reaches property in which another person is a co-owner, so dishonestly taking away a jointly held item worth 1,000 baht or less can fall under it.

What is the penalty under Section 385?

The penalty is imprisonment not exceeding one month, a fine not exceeding 10,000 baht, or both.

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This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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