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Criminal Procedure Code of Thailand (Complaints and Reports)
Criminal Procedure Code of Thailand (complaints and reports)
The information is reviewed and updated monthly against official sources.
In short
How to file a criminal complaint: the victim can seek punishment and prosecute independently, and for compoundable offences no case starts without their complaint.
Section 2: Complaint, report and injured person defined
A complaint (rong thuk) is the victim's allegation to an official seeking the offender's punishment. A report (jaeng khwam) is the same allegation by a non-victim. The injured person is anyone harmed, including those entitled to act on the victim's behalf.
Section 28: Who may prosecute
The public prosecutor and the injured person may both bring a prosecution in court. The victim keeps an independent right to seek justice even if the state does not act.
Section 121: Duty to investigate; complaint for compoundable offences
The inquiry official investigates alleged offences. For compoundable offences no inquiry proceeds until the injured person first lodges a proper complaint.
Sections 123-124: How a complaint is lodged
A complaint may be made in writing or orally and is recorded and signed. It should describe the offence and offender, and the complainant should keep a reference number.
Sections 120, 34 and 162: Inquiry precondition and private-case screening
The prosecutor needs a prior inquiry, and an order not to prosecute does not bar the victim's own prosecution. A private prosecution first requires a preliminary court examination of the grounds.