Category: Criminal Law

Legal Age of Consent in Thailand

In Thailand, the age of consent is set at 15 years old. This implies that individuals aged 14 or younger are not legally permitted to provide consent for any form of sexual activity. If an individual over the age of consent engages in a sexual act with someone below this age, it may be deemed ‘statutory rape,’ and the older person could face legal charges for violating the law.

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Is Prostitution Legal in Thailand?

Thailand is widely recognized as a major center for prostitution, drawing clients from all over the globe seeking the services of Thai sex workers and actively contributing to an industry worth an estimated billions of dollars. Despite its economic significance, ongoing debates surround the regulation and management of this industry. The main focus is to […]

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Thailand’s Cannabis Regulation in 2022

“Cannabis” is recognized by many health professionals and locals in Thailand as a medicinal plant with a high potential for therapeutic use and has a long history in the practice of Thai traditional medicine. However, the enactment of the Narcotics Act in 1979 classified cannabis as a type of narcotic plant, and hence, its usage […]

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Abortion in Thailand: A New Law Coming into Effect

The Law at Present Article 301 of the current Criminal Code outlaws all abortions except when the pregnancy endangers the woman’s physical or mental health, she is less than 15 years old or a victim of rape, or when the unborn child is proven to possess serious deformities or disabilities. It imposes maximum imprisonment of […]

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Legalization of Cannabis for Medical Use in Thailand

Regardless of the purpose, making cannabis available for the general public remains a highly controversial and debatable issue. Laws around the world either ban or restrict its cultivation, distribution, sale or use primarily because of its established adverse psychological effects. Until recent years, advocates for the narcotic are slowly gaining ground across several countries. Thailand […]

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Thai Criminal Procedure: Hearsay

As is the case in the criminal procedure laws of other jurisdictions, Thailand prohibits the use of hearsay evidence in criminal trials (Section 226/3 of the Criminal Procedure Code). Hearsay is generally defined as testimonial evidence of a statement not made before the Court which is meant to prove the assertion made in the statement […]

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Acquiring Land with a Foreign Spouse

The primary concern behind Thai government regulations related to the acquisition of land by a Thai national married to a foreign spouse is the issue of nominee landownership. Under the Land Code of Thailand, the act of a Thai national owning land as an agent of a foreigner, which is to say, for the benefit […]

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Criminal Law: Crime of Misappropriation

Under Thai law, if an unmarried couple breaks up, is it possible for the boyfriend to demand return of money that was given to the girlfriend during the relationship? And if so, how much of it can he get back? Under normal circumstances, the answer to that question would simply be negative. However, it would […]

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Victims of Fraud in Thai Criminal Law

A fundamental issue that arises in Thai criminal law is whether a certain person directly affected by a crime may be considered a victim of that crime. This issue is particularly important because in Thailand, as in other countries that follow the European Continental Law tradition, victims are allowed to join the prosecution as a […]

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Defenses to Defamation

Under Thai law, defamation is generally the act of imputing something regarding a person to a third person that is likely to damage the reputation of that person. Unlike in some other jurisdictions where the act of defamation only carries civil liability, defamation is a criminal offense in Thailand punishable by up to one year […]

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