IBC泰國法律金融會計事務所International Business Consultancy

What You Should Know About Cheque Offences in Thailand

您應該知道的泰國支票犯罪

Nowadays cheques are commonly used by people in general and legal entities to deal with numerous of transactions. There are some countries where a bounced cheque or cheques with insufficient funds in the account, considered illegal. However, in Thailand, it is an offense. Offenses are divided into Criminal parts and Civil Part where the person who committed the act can either be incarcerated in either of the two.

現今人們和法人實體通常使用支票來處理大量交易。在某些國家/地區，跳票或無現金兌現的支票不被視為非法，但在泰國為違法。此犯罪分為刑事和民事，罪犯可以依刑法或民法監禁。

In accordance to Section 4 of the Offense Arising of the Use of Cheque Act B.E.2534 stipulates that, any person who issues a cheque for payment of debt that truly exists and is legally enforceable with any of the following characteristics or actions when a cheque has been submitted lawfully for payment of money, if the bank refuses to pay, the issuer shall be liable of penalty of not exceeding sixty thousand baht or imprisonment for not more than one year or both fine and imprisonment:

依據佛曆2534年《使用支票產生的犯罪法》第4條規定，任何人開出支票支付真實存在且具有法律效力的債務，具有下列任何性質或行為，當支票已合法提交以支付款項，如果銀行拒絕兌現，開票人將被處以不超過六萬泰銖的罰款或不超過一年的監禁、或兩者併罰:

(1) Intends not to let the payment according to cheque to go through;

打算不支付支票;

(2) At the time of issuing the cheque, there was no money in the account which should be available for payment;

開立支票時，帳戶沒有金錢;

(3) issues a cheque to pay for debt in the amount higher than the amount in the account which should be paid at the time of issuing the cheque;

開立支票支付債務時，支付金額高於帳戶金額;

(4) withdraws all or part of the money from the account in which the cheque should be paid until the remaining amount is insufficient to use the cheque;

從應支付支票的帳戶提取全部或部分金錢，直到剩餘金額不足以開立支票;

(5) Prohibits the bank from making payment according to the cheque with fraudulent intent.

禁止銀行以欺詐意圖兌現支票。

Criminal Procedure

刑事程序

Section 7 of the Use of Cheque Act B.E.2534: if the offender under Section 4 makes payment of cheque to the holder or to a banker within thirty days from the date on which the drawer receives the written notice from the holder notifying that a banker refuses to pay such cheque or the obligation which the court passes the final judgment, it shall be deemed the offence.

佛曆2534年《使用支票產生的犯罪法》第7條: 如果第4條規定的罪犯在開票人收到持票人書面通知，表示銀行拒絕兌現支票、或是法院通過的義務之日起30天內向持有人或銀行支付支票，視為犯罪。

Civil Procedure

民事程序

Section 8 of the Use of Cheque Act B.E.2534: if the amount of each cheque or the amount of several cheques altogether, does not exceed the amount, which a single judge is empowered to try and adjudicate in a civil case, the filing of a civil case to demand the payment of cheque may be included in the prosecution of the criminal case to the court trying the criminal case. The trial of the civil case shall be preceded.

佛曆2534年《使用支票產生的犯罪法》第8條:每張支票或多張支票合計金額不超過民事案件由獨任法官審判和裁定的金額，可以包括提起民事訴訟要求支付支票在刑事案件的中，向法院審理刑事案件。民事案件應先行審理。

IBC International Business Consultancy is a law, finance and accounting firm located in Bangkok, Thailand with experienced lawyers, accountants, and financial advisers. We provide services including investment, tax and legal advice in Thailand. Should you have any questions, please do not hesitate to contact us via Line: @ibcfirm for further information.

IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國法律金融會計事務所，由經驗豐富的律師、會計師、及財務顧問組成，可提供泰國投資、泰國稅收及泰國法律諮詢等服務。如果有什麼問題，可以隨時通過Line: @ibcfirm與我們聯繫。