Section 398 — Compoundable offences (396 and 397)
English translation
The offences under Section 396 and Section 397 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 petty coercion by force or threat under Section 396 and bullying, harassment or nuisance under Section 397 compoundable, meaning prosecution depends on the injured person's complaint and the case may end by settlement or withdrawal before final judgment. It mirrors Section 395, which performs the same function for the petty offences in Sections 391 to 394, and applies the compounding rules of the Criminal Procedure Code to these offences against private interests.
Why this matters in practice
In practice this section gives the victim control over cases under Sections 396 and 397: a settlement, often with compensation or an apology, extinguishes criminal liability, and the complaint may be withdrawn before final judgment. As these are compoundable offences, the injured person must complain within three months of learning of the offence and the offender, or the right to prosecute lapses, so timing is critical. Defendants can often manage exposure by negotiating an early settlement. See our guide on criminal trial procedures in Thailand.
Frequently asked questions
What does Section 398 do?
Section 398 makes the offences under Sections 396 (petty coercion) and 397 (bullying, harassment or nuisance) compoundable, so they depend on the injured person's complaint and can be ended by settlement before final judgment.
How long does the injured person have to file a complaint?
Because these are compoundable offences, the injured person must complain within three months of learning of the offence and the offender, or the right to prosecute lapses.