Imprudence and Negligence

Imprudence and Negligence

Neglecting one's legal rights constitutes an offense recognized by law. It is fundamental that every individual is entitled to pursue legal action if they have been a victim of negligence. In Thailand, the legal framework mandates stringent penalties for those who cause harm through negligence, as outlined in the Thai Criminal Code.

Accidents may happen unexpectedly, and it's not always clear whether they are truly accidental or the result of someone's negligence. There have been numerous instances where individuals were misled into believing an unfortunate event was merely an accident. Therefore, it is crucial to arm yourself with a thorough understanding of Thai law, whether you are a Thai national or an expatriate residing in Thailand. This knowledge can be pivotal in protecting your rights and ensuring justice is served.

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 initiating a negligence case in Thailand, it is essential to consult and engage a lawyer who specializes in criminal law. These cases demand meticulous preparation and substantial evidence to substantiate the allegation of negligence against the accused party.

A quintessential example of a negligence case involves a scenario where a guardian, such as a mother, fails to adequately supervise her child. If the child, left unattended, plays with matches or a lighter, causing a fire that results in property damage, bodily injury, or even death, this scenario would constitute negligence on the part of the guardian.


The legal team at Juslaws & Consult is comprised of professionals and experienced lawyers who have extensively handled the types of cases discussed in this article. Our commitment to delivering premier legal services in Thailand is unwavering, and we ensure meticulous attention to every phase of the legal process.

With years of experience in the legal sector, we have managed a wide array of negligence cases, encompassing both criminal and civil law. Our confidence stems from our profound expertise and skill in this domain. Should you seek additional information or wish to arrange a consultation with us, we warmly invite you to reach out.