Imprudence and Negligence

Imprudence and Negligence

Neglecting one’s right in any aspect is an offense under the eyes of the law. Every person should be afforded the right to file a case once negligence was committed against them. In Thailand, the law strictly implies that whoever commits negligence to someone shall be punished under the Thai Criminal Code.

Accidents can occur unexpectedly, however, one cannot be certain whether it is really an accident or caused by someone’s negligence. There are many cases where people are fooled that an unfortunate event happened due to an accident that’s why it is best to inform and equip yourself with the right knowledge about the law especially if you are Thai or you are a foreigner living in Thailand. 

The Act of Negligence under the Thai Criminal Code

Under the Thai Criminal Code, Section 59, A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

  • To commit an act intentionally is to do an act consciously and at the same time, the doer desired or could have foreseen the effect of such doing.
  • If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.
  • To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such conditions and circumstances, and the doer could exercise such care but did not do so sufficiently.
  • An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

The above Section from the Thai Criminal Code clearly defines how an act can be considered as an act of negligence or with the intention to do such act. Furthermore, if negligence caused death or grievous harm, under the following Section, imprisonment and fine are certain.

Under the Thai Criminal Code, Section 291 states:“Whoever, doing the act by negligence and that act causing the other person to death, shall be imprisoned not out of ten years or fined not out of twenty thousand Baht.”

Furthermore, under Section 300:“Whoever, committing the act by negligence and such act to cause the grievous bodily harm to the other person, shall be imprisoned three years or fined not out of six thousand Baht, or both.”

Filing a Negligence Case in Thailand

When filing a negligence case in Thailand, it is a must that you inquire and hires a lawyer who is well-versed in Criminal Law since such a case requires tedious work and evidence to support the claim of negligence against the person who committed such acts.

An example of a negligence case is when a mother neglects taking care of her child, and the child happens to play with match sticks or lighter which caused a fire around the house and caused bodily harm and death of another person, if such happens, it will be a case of negligence against the mother of the child.


Juslaws & Consult’s legal team comprises professionals and seasoned lawyers who have dealt with cases as discussed in this article numerous times. We are committed to providing the best legal services in Thailand and we always make sure that each step of the process will be carefully carried out properly.

We have been in the legal industry for many years and we have handled numerous cases related to Negligence cases in Thailand, whether it is under criminal law or civil law we are confident in our talent and expertise in this field. If you require further information or consultation from us, please do not hesitate to contact us.