Misappropriation Offenses Under Thai Law

Trust is fundamental in personal and business relationships, yet it can be exploited for financial or personal gain. In Thailand, misappropriation is recognized as a serious crime when someone entrusted with property diverts it dishonestly for their own benefit or that of another party. Legal measures are in place to protect victims and ensure accountability.

Our service include:

Misappropriation case assessment
Evidence review and documentation
Negotiation and settlement support
Civil and criminal complaint filing
Representation in court proceedings
Restitution and damages recovery

What Constitutes Misappropriation

Under Section 352 of the Thai Criminal Code, misappropriation occurs when:

An individual lawfully holds property that belongs to another person or is co-owned, and
They intentionally convert the property for personal use or for a third party without authorization.

Penalties may include imprisonment of up to three years, fines up to 6,000 Baht, or both. Lesser penalties apply if the property was acquired accidentally or found after being lost.

Example: Selling jointly owned property without consent or claiming exclusive ownership of co-owned assets falls under misappropriation.

How Misappropriation Differs from Theft

Although often confused, misappropriation and theft are distinct offenses:

Misappropriation: The offender already possesses the property legally but uses it dishonestly.
Theft: The offender takes property without any legal right of possession.

Misappropriation is generally considered a private crime, allowing victims to negotiate settlements or withdraw complaints, depending on circumstances.

Section 352 also applies to found property that lacks a known owner. Dishonest conversion of such property is punishable, and victims can claim restitution or the monetary value of the property through legal channels.

Legal Support and Remedies

Navigating misappropriation cases can be complex, especially when determining the scope of ownership, co-ownership rights, and restitution claims. Base Law Firm assists clients by:

Assessing documentation and evidence to establish the case
Advising on legal strategies for restitution or damages
Representing clients in negotiations, settlements, and court proceedings
Ensuring the offender is held accountable and proper remedies are pursued

Conclusion

Betrayal of trust through misappropriation carries serious consequences under Thai law. By securing expert legal guidance, victims can protect their rights, recover lost property or its value, and ensure that justice is enforced. BASE Law Firm provides comprehensive support throughout the process, combining legal expertise with practical strategies to safeguard client interests.