Amend­ing the Crim­i­nal Li­a­bil­ity for Rep­re­sen­ta­tives of Juris­tic Per­sons


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n Fe­bru­ary 11, the Act Amend­ing the Law on the Crim­i­nal Li­a­bil­ity of Rep­re­sen­ta­tives of Juris­tic Per­sons ( the “Act”) came into ef­fect.

The pur­pose of the Act is to re­move le­gal pre­sump­tion on crim­i­nal li­a­bil­ity for di­rec­tors, man­agers, and per­sons re­spon­si­ble for the op­er­a­tion of a juris­tic per­son as spec­i­fied in 76 pieces of leg­is­la­tion, in­clud­ing the Rev­enue Code, the Of­fenses con­cern­ing Reg­is­tered Part­ner­ships, Lim­ited Part­ner­ships, Lim­ited Com­pa­nies, As­so­ci­a­tions, and Foun­da­tions Act, the Patents Act, the Con­sumer Pro­tec­tion Act, the Im­mi­gra­tion Act, the Fac­tory Act, the Life and Non- Life In­sur­ance Acts and the Med­i­cal De­vice Act.

Orig­i­nally, these laws spec­i­fied that when a juris­tic per­son com­mits a crim­i­nal of­fense, di­rec­tors, man­agers, or per­sons re­spon­si­ble for the op­er­a­tion of a juris­tic per­son are pre­sumed from the be­gin­ning to have crim­i­nal li­a­bil­ity, un­less they can prove that they were not in­volved in the com­mis­sion of the of­fense. Fol­low­ing the Con­sti­tu­tional Court’s de­ci­sion which ruled that the pre­sump­tion of crim­i­nal li­a­bil­ity is un­con­sti­tu­tional and un­en­force­able, the new Act was drafted to amend le­gal pre­sump­tion in this re­gard. Un­der the new Act, rep­re­sen­ta­tives of juris­tic per­sons are pre­sumed in­no­cent, un­less it was proven that their ac­tion or omis­sion caused the juris­tic per­sons to com­mit the of­fense.

For more in­for­ma­tion con­tact Baker & Mcken­zie at peer­a­pan. tung­suwan@ bak­erm­cken­zie. com.


Law­ful or adopted chil­dren ( not ex­ceed­ing 3 chil­dren in to­tal) In­come of the pre­ced­ing tax year ex­ceeds Baht 30,000 In­come of the pre­ced­ing tax year ex­ceeds Baht 60,000

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