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Innocent but charged: Criminal liabilities and exposure in Thailand
Although criminal liabilities are of key concern and often seen as frightening risks for many businesses in Thailand, especially for foreign directors or executives, business operators may find themselves currently unequipped or that some businesses are more susceptible to criminal liabilities than others.
Criminal liabilities can be imposed in a variety of ways by numerous government agencies using different tactics just within Thailand, which could be a significant challenge for corporations, directors, and executives seeking to establish thorough safeguards to defend themselves.
This session will explore case studies and precedents of company directors being susceptible and jointly liable in criminal lawsuits, elaborate on the procedural steps involved from filing of a criminal complaint to dawn raids, highlight key risks which could extend to employees at the management level, and prepare businesses with the recommended course of action should their directors face accusations.
Many laws in Thailand contain a provision stating that, in the event an entity commits an offense, its directors, manager, or the person responsible for the business operations of that entity (collectively referred to here as the “director” or “you”) will be criminally and personally liable on the same grounds (or will receive a fine or imprisonment term at a different level, as the case may be). Examples of such legislation include the Act Prescribing Offenses Relating to Registered Partnerships, Limited Partnerships, Limited Companies, Associations, and Foundations B.E. 2499 (1956); the Immigration Act B.E. 2522 (1979); and the Consumer Protection Act B.E. 2522 (1979).
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