April 28, 2011

Thailand’s Criminal Bad Check Laws

Informed Counsel

When it comes to bad check legislation, Thailand is unique. In addition to civil remedies available under the Civil and Commercial Code against those who pass bad checks, Thailand is one of the few jurisdictions in the world in which there can also extend criminal liability. Criminal liability is evaluated under the Act Governing Offenses Arising from the Use of Checks B.E. 2534 (1991) (the Act). Under the Act, a criminal conviction may give rise to imprisonment of up to one year and/or a fine of up to THB 60,000. Needless to say, the potential for such criminal punishment can have a significant impact on business and personal freedoms, a point that has led to considerable debate on the need for such laws.

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