Section 395 — Compoundable petty offences (391 to 394)
English translation
The offences under Section 391, Section 392, Section 393 and Section 394 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 provision rather than an offence. It makes four of the petty offences, using force without injury (391), causing fear by threat (392), insult (393), and continuous harassment (394), compoundable. The practical consequence is that prosecution depends on the injured person's complaint and the case may be terminated by settlement or withdrawal at any stage before final judgment, in line with the compounding rules in the Criminal Procedure Code. Because these offences turn on private interests, this classification gives the victim, rather than the state, effective control over whether the case proceeds.
Why this matters in practice
In practice this section means the victim controls these cases: a settlement, often with compensation or an apology, extinguishes criminal liability, and the complaint may be withdrawn before final judgment. For compoundable offences the right to complain lapses if the injured person does not file within three months of learning of the offence and the offender, so timing is critical. Defendants can often resolve exposure by negotiating a settlement early. See our guide on criminal trial procedures in Thailand.
Frequently asked questions
What does it mean that an offence is compoundable under Section 395?
It means the offences under Sections 391 to 394 depend on the injured person's complaint and can be ended by a settlement or withdrawal of the complaint before the case becomes final.
Which offences does Section 395 make compoundable?
Section 395 makes the offences under Sections 391 (force without injury), 392 (causing fear by threat), 393 (insult), and 394 (continuous harassment) compoundable.