Articles on criminal law and criminal procedure

An example of a criminal defense regarding filing a false report, when it is not the injured party who has the authority to sue.

Examples of criminal defense today. It’s another simple case. That many people often miss and misunderstand the law.

It is an offense of reporting a false report to an official under the Criminal Code, Section 137

Criminal Code Section 137 “Whoever gives false information to the official which may cause others or the people are damaged Must be punished with imprisonment not exceeding 6 months or a fine not exceeding 1,000 baht, or both.”

Basic principles of law

In the case of the offense of reporting a false report to the official It is an offense committed directly against the state and government officials. Ordinarily, the individual is not the victim.

Except in cases where the person is involved or is the victim in a special case, for example, filing a false report implicates the victim. or the results of making a false report directly affect the rights of the injured person.

But if the false report is It is not an action that refers to the victim. or directly affecting the rights of the injured party The injured person has no authority to bring legal action.

For example

If Mr. A brings the land title deed. or a copy of the vehicle registration manual Place it as collateral with Mr. B. to guarantee a loan or other debt.

And later, Mr. A. went to inform the registrar. or the land official that the land title deed or vehicle registration booklet has been lost To request a new land title deed Or request a new vehicle registration manual.

If you look at it just a little, it would seem as if Mr. B is probably the victim who has the power to sue for the crime of filing a false report against Mr. A. because he is have the right to possess the right to hold Land title deed or vehicle registration booklet

But the truth is The land title deed alone or a copy of the vehicle registration manual It’s not something of value. or can be enforced by law

If the debtor defaults on debt payment Fortunately, we still have to file legal action to seize land and cars according to the law. The land title deed or a copy of the vehicle registration manual cannot be seized as a substitute for repaying debt.

Therefore, creditors who hold land title deeds or car registration manuals Therefore, they do not have the status of being a special victim under the law that has the power to prosecute for the crime of making false reports.

According to the Supreme Court judgment. as follows

ฎ.1261/2517 The first defendant borrowed money from the plaintiff. By giving the plaintiff’s boat registration certificate to hold as collateral. Later, he joined in committing the crime with the second defendant, causing the second defendant to report to the investigating officer that the boat registration certificate was missing. It is evidence that allows the first defendant to request the Marine Department to issue a new boat registration certificate to the first defendant. The first defendant will be able to sell the boat to others without using the original registration certificate that is with the plaintiff. But when the notification That lie was something that the defendant did to the official and according to that report. The defendant did not specifically inform the plaintiff, which could be considered as directly causing the plaintiff damage. Therefore, the plaintiff is not an injured party according to the Criminal Procedure Code, Section 2(4), and has no authority to sue to punish the defendant for making a false report.

(7th General Meeting/1974)

ฎ.6858/2541 The defendant reported the matter to the police officer that the defendant had lost his savings passbook and ATM card issued by the bank to the defendant. It is only for the purpose of having the official issue evidence to use as evidence for requesting a savings passbook and a new ATM card from the bank. which was done directly to the official even though the defendant had not actually lost it However, the defendant gave the said savings passbook and ATM card to the plaintiff as collateral for the loan. And the defendant’s notification did not specifically mention the plaintiff. The plaintiff therefore did not receive direct damages. Neither the plaintiff has rights. According to the law that will force repayment of debt according to the loan agreement from savings passbook and ATM card. Therefore, the plaintiff is not an injured party and has no authority to sue for punishment. According to the Criminal Code, Section 137
ฎ.961/2559Even though the message that the defendant reported was false because the land title deed was in fact with Por. and the defendant used the daily report as evidence that the official recorded the false statement and used it to claim to request the issuance of a replacement land title deed. But it was a matter of what the defendant did to the police lieutenant colonel. Bank Comptroller Co. and Land Comptroller P. Do not refer to Por. or use the daily report as evidence that the official recorded false statements to use against Por. It will be considered that Por. has received direct damage from the defendant’s actions. Moreover, the defendant had his mother take both land title deeds as collateral for a loan with P. only. P. had no right to enforce the said land deeds according to law. P. was therefore not the victim in the offense of informing The officer recorded the false statement in the official document. and use or refer to official documents which notify the officials performing their duty to record such false statements according to the Criminal Procedure Code, Section 2 (4) and do not have the right to submit a request to join as a plaintiff according to the Criminal Procedure Code, Section 30. The decision of the Court of First Instance to allow P. to join as a plaintiff is therefore not desirable. Since P. is not a party to the case, he has no right to file an appeal requesting that the prison sentence not be suspended for the defendant, as follows: The Court of Appeals Region 3 ruled on P.’s appeal. Therefore it is also dislike.

ฎ.9557/2558 Local maintenance tax receipt (Ph.T.B. 5) is not a document showing that the tax payer has land rights, that is, possession rights or ownership of the land. Because documents showing possession rights or ownership of land are in accordance with Section 1 of the Land Code, namely a certificate of utilization or a land title deed. The action regarding the local maintenance tax bill of the first defendant therefore does not affect the plaintiff’s holding on to the land which does not have title documents that the six defendants gave as collateral when they joined the plaintiff in the renewable energy planting project. Nor did the plaintiff ever intend to pay the local maintenance tax. Which must bring the local maintenance tax payment form (Ph.Thor.B. 5) which is given to the owner of this land to show when contacting to request payment of local maintenance tax. The first defendant reported that the local maintenance tax receipt that he had given to the plaintiff to keep was lost. Then go and request a new replacement certificate. Therefore, it did not cause any damage to the plaintiff. Therefore, the plaintiff is not the injured party.

Brief contents of the case

คดีนี้จำเลยมาหาผม ตั้งแต่ในชั้นInquiry into the cause of action

The fact is that The defendant was sued for allegedly using the car as collateral for a loan with the plaintiff. And later, the defendant filed a false report that the car registration booklet was lost. and issue a new vehicle registration manual.

Therefore, a lawsuit was filed against the defendant for the charge of making a false report to an official under the Criminal Code, Section 137

In fact, the defendant did not place the vehicle registration booklet as collateral at all. But the plaintiff arbitrarily held onto the registration manual because there was a dispute. And the defendant did not know that the plaintiff was keeping the car registration booklet and could not find it, so he went to report it missing.

I have checked the law. It is seen that this case has a simple point of contention without needing to go into much depth in the content. Because the plaintiff does not have the authority to sue in this case already. Because the plaintiff has no right to enforce anything against the copy of the vehicle registration manual.

Therefore, I set up the issues of defense in this case at the preliminary inquiry stage and madeA statement explaining the facts and law that the court should order that the case has no basis.
To clarify on the said issue

However, At the preliminary inquiry level The court ordered the lawsuit to be accepted that the case had prima facie cases.

Consideration class

At the court hearing, I saw that this was not a very complicated case. Therefore, a new lawyer from the office was sent:Asian lawyer Bunyawee NoisukkhaAsk witnesses and present evidence at the hearing. to collect experience 

In the end, the outcome of the case was as expected. The court ruled to dismiss the case because the plaintiff had no authority to pursue this case. 

Therefore, I have brought examples of legal matters and guidelines for fighting cases to disseminate for the benefit of friends and those interested. 

Follow examples of other interesting criminal cases in “Examples of criminal defense At the end of this article”

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ทนายเอกสิทธิ์ ศรีสังข์

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