Thailand Law Library

by Thailand Lawyer

Any person who commits an act of domestic violence is said to commit an offence of domestic violence and shall thereby be liable to imprisonment for not more than six months, or a fine of not exceeding six thousand baht or both.

The offence under paragraph 1 shall be compoundable, without nullifying the offences under the Criminal Code or other laws. Should the act under paragraph 1 also constitute an offence of causing bodily harm pursuant to section 295 of the Criminal Code, this offence shall be compoundable.

A domestic violence victim or a person finding out or aware of an act of domestic violence shall bear the duty to inform a competent authority who shall further take certain measures under this Act.

When the information under paragraph 1 is made in good faith, the informant shall be protected and shall incur no liability, whether civil, criminal and administrative.

The information under paragraph 5 may be made orally, in writing, by telephone, by electronic means or by any other means.

When a competent authority becomes aware of an act of domestic violence or receives the information under paragraph 5, he shall be empowered to enter the relevant residences or scenes of action and inquire the person committing the act of domestic violence, the domestic violence victim or other persons present thereat as to the facts concerned. The competent authority shall also have the power to arrange medical examinations and treatments for the victim and direct the victim to take counsel with a psychiatrist, psychologist or social worker. If the victim wishes for a prosecution, the competent authority shall extract his complaint in pursuance of the Code of Criminal Procedure. If the victim is unable or had no opportunity to complain in person, the competent authority shall enter a complaint on his behalf.

The criteria and procedure for the execution of paragraph 2 shall be set forth in the rules of the Minister.

If no information under section 5 or complaint under section 5 is made within three months from the time the domestic violence victim is able or has the opportunity to inform or complain in person, prescription shall take effect. This shall, however, not debar the victim or any interested person from seeking welfare protection in accordance with the law on establishment of juvenile and family courts and procedure thereof.