51/29-51-30 Village No. 4, Ban Suan Subdistrict, Mueang District, Chonburi Province
An example of a criminal defense today involves another type of case that litigants often bring to court against each other, namely the offense of filing a false complaint according to section of the Criminal Code. 175 and the offense of perjury According to the Criminal Code, Section 177
In which the offense of filing a false complaint including the offense of perjury and report false information I have previously summarized the points of defense that in this type of case, there are 3 important points of defense. That is
1.Is the statement false?
2. Does the perpetrator know that it is false?
3.Is the said lie an important point in the case?
which can be read in detail in the article below
ฟ้องร้องต่อสู้คดี แจ้งความเท็จ – แจ้งความเท็จ – ให้การเป็นพยานเท็จ ฉบับสมบูรณ์
However, there are points of contention. And another point of caution for the plaintiff. that if you make a mistake will cause the case to be lost The court does not need to decide on the content at all.
It is an error in the description of the charge for the offense of filing a false complaint, making a false report, or giving false testimony.
In describing the lawsuit in this type of case The plaintiff who is the party to the lawsuit must clearly describe the following matters.
1.The content in the part is false. Whether it was a false complaint in the previous case Testifying in a previous case or false reporting
2. Describe how the said message is an important point in the case. For example, such lies contribute to the loss or victory in the case. Or how does it cause damage to the plaintiff?
3.Describe what the truth is
4.Describe that the defense already knew that This statement is false.
If the prosecution’s narrative does not cover all of the aforementioned elements. Even though the defendant actually committed the crime The court must dismiss the case and cannot punish the defendant. and cannot bring the case back for retrial Therefore, in describing a lawsuit in a case of filing a false complaint, giving false testimony, or making a false report You must be careful about such matters.
Today I have brought an example case. which is a defense of the case for the offense of false accusations that is a defense of the case for the offense of false charges The plaintiff is the party filing the lawsuit. And I served as the defense attorney in that case.
In this case, I have noticed that in the plaintiff’s description of the lawsuit. It only describes how the defense filed criminal charges in the previous case. And later, the court in the previous case dismissed the case.
But it did not describe at all the indictment or testimony in the said case. Which parts are false? And what is the truth? And how is such a lie an important point in the case? And did the defendant already know that the said statement was false?
In this case, I have therefore made a statement explaining the facts and legal points that the court should order that the case has no basis.
https://srisunglaw.com/clarifymotion/
The sample content of the statement explains the facts and legal issues in the said case. They are as follows.
Statement explaining the facts and legal points that the court should order that the case has no basis
In this case, the respected court has please set an appointment for a preliminary hearing on September 19, 2022
The first defendant would like to submit this statement. To clarify that the plaintiff’s case There is no sufficient basis for the court to accept and consider the facts and legal issues as defendant No. 1 will give and submit to the respectful court as follows.
1.The plaintiff’s complaint does not fully describe the elements of the offense. It is an unlawful lawsuit.
Describing a lawsuit for perjury or perjury, the plaintiff must describe that
1.1 Which parts of the defendant’s original complaint were false? /Which part of the defendant’s testimony in the original case was perjury?
1.2 What is the truth or correct facts?
1.3 How is the falsity in the complaint or testimony an important matter in the case that affects the winning or losing of the case?
1.4The defendant already knows what the truth is. and intending to bring lies to sue or testify.
For the defendant to understand what the charge against him or her being accused of perjury or perjury is in order to be able to fight the case correctly. and so that the court can consider the case according to the facts and the law correctly. The details are as per the Supreme Court’s judgments No. 2192/2537, 19980/2012, 888/2523, 18211/2012, 2644/2011, 274/2003, which are attached together here.
But the plaintiff’s complaint in this case only brings up the fact that the defendant filed a lawsuit and the court ruled to dismiss the lawsuit. and concluded that the lawsuit and testimony in the said case were false lawsuits and perjury.
Without describing the fact that Which parts of the complaint are false? Which parts of the testimony are false? What is the correct truth? And how is such a lie an important point in the case? And did the defendant already know that the said statement was false?
The plaintiff’s complaint in this case is therefore an unlawful complaint and the court cannot accept it for consideration at all. The court no longer needs to analyze other facts or legal issues.
2.The original lawsuit and testimony of both defendants were in good faith.
By the reason that the first defendant filed a lawsuit against the plaintiff in this case. The cause was due to the plaintiff’s dishonest behavior. Indicating a way to gain illegitimate benefits.
Originally, the plaintiff, who was an employee of the 1st defendant, performed the duties of marketing manager and was responsible for advertising through Facebook for the 1st defendant by the 1st defendant. Will advertise through the 1st defendant’s Facebook page.
Later, the plaintiff, who should have planned it from the beginning. Pretended to advertise in violation of Facebook’s rules many times, despite having been warned by both the first defendant and the Facebook company many times. The plaintiff’s intention is to have the 1st defendant’s Facebook account permanently suspended. This caused the first defendant’s Facebook advertising account to be suspended according to the plaintiff’s intention.
When the first defendant’s advertising account was suspended because of the plaintiff’s actions. As a result, the first defendant had no choice and had to use the plaintiff’s advertising account. in advertising to the first defendant as proposed by the plaintiff.
The plaintiff claims that he agreed to allow the 1st defendant to use his own account to compensate for the damage that occurred from the 1st defendant’s account being suspended, but in fact it was probably caused by Planning from the beginning of the plaintiff
This part of the details has already been determined by the Labor Court to be the plaintiff’s erroneous performance of duties in this case, causing damage to the first defendant. The details appear in the judgment no. Attached here
In making advertisements for the first defendant company through the plaintiff’s account. Payment for advertising will be made through the credit card of the first defendant company that is linked to the advertising account. Details of advertising operations For example, what kind of advertising is done? The plaintiff will be responsible for taking action. Without allowing the first defendant to get involved. Claiming to have to trust the 1st defendant to make the 1st defendant’s decision. Details appear from the evidence of the conversation via the LINE program attached here.
by such advertising costs When advertising payments are deducted from the 1st defendant’s credit card, an email will be sent to the 1st defendant notifying that the advertising payment has been deducted. But there will not be a full receipt showing which advertising fees were paid to which company. Details appear in the sample advertising payment notification email. Documents attached hereto
But the original receipt must be used for claiming tax benefits with the Revenue Department. and to confirm that the said receipt is a receipt issued for advertising expenses for which company? It will be under the control and account of the plaintiff. And the plaintiff has a duty to print out the said document and give it to the first defendant. The details appear in the example of the complete receipt attached hereto.
Until the plaintiff left his job and the first defendant came to use the plaintiff’s Facebook advertising account. The first defendant needed to use the receipt for tax purposes. Inspected and found that the plaintiff had a behavior Use your own advertising account to advertise for other companies. As far as I know, Wellgate Company charges advertising fees through the first defendant’s credit card account. At< b>has been linked to the said account
The full receipt which is in the possession of the plaintiff will clearly appear that The plaintiff used money from the first defendant’s credit card to advertise for other companies. After the first defendant learned of the matter, he tried to investigate. and request the plaintiff to send the full receipt.
But it appears that The plaintiff concealed and failed to send the full advertising receipt, which only the plaintiff could view. and can print out the document because the account is the plaintiff’s account.
The 1st defendant therefore tried to demand and sent a letter requesting the plaintiff to hand over the said receipt for use in proceeding with the matter at the Revenue Department and to verify the truth. But the plaintiff concealed and concealed and failed to deliver the receipt or the account used for verifying the said receipt. Details appear in the evidence of sending the notice of demand that is attached herewith.
Until now Only the plaintiff can go in and check the account. and print out the said receipt.
The first defendant and other persons were unable to inspect or print the full receipt. And the plaintiff still hasn’t handed over the account. or the said receipt to the defendant 1 Because I know that If you hand over the said document, you will see your own dishonest act.
The 1st defendant therefore needs to file the original lawsuit in the said case. As advised by a lawyer with legal knowledge which saw that such action was an offense of taking documents and embezzlement of property.
The actions of both defendants in this case were therefore done in good faith in order to preserve their rights. arising from the dishonest actions of the plaintiff The actions of the two defendants therefore have no basis for the offense of filing a false complaint or perjury. According to the Supreme Court judgment No. 9941/2010, 6403/2002, 984/2007, 389/1999 etc.
3. Narration of the lawsuit and testimony of both defendants. It is based on actual facts. There was no distortion of facts or falsehood.
In filing a lawsuit or describing the lawsuit of both defendants in the original case. There was no distortion or falsehood to accuse or prosecute the plaintiff at all.
But both defendants filed lawsuits and testified truthfully according to the facts that appeared. Since the plaintiff’s status as an employee of the first defendant, the plaintiff has a duty to print out the said receipt and deliver it to the first defendant. In fact, will the plaintiff have printed the said document or not? Both defendants did not confirm.
If both defendants will distort or bully the plaintiff, they may misrepresent the truth that I have seen the problem in the aforementioned document and did not deliver it to the first defendant. This can be done, but both defendants sued and testified according to the truth that happened.
The offense of filing a false complaint or perjury must be a distortion of facts. It is not just about telling the facts that happened or describing the lawsuit according to the facts that happened and the court finds that it is not an offense, it will be an offense of filing a false complaint or perjury. According to the Supreme Court judgment No. 9696/2015, 5263/2006, 2007/1986.
Therefore, the narrative or testimony of the two defendants in the said case Therefore it is not false at all.
4.In the original case, the court did not rule or confirm that The defendants in both cases filed false charges or gave false testimony.
In the original case, the court in the said case He did not judge or confirm that Complaint or testimony of both defendants Which parts are false, suspicious, and unreliable, and what is the likely truth?
The court only ruled on the basic legal issue that Characteristics of the plaintiff’s actions in this case May not be charged with the offense filed.
Which is good for committing a false complaint or perjury. It must be in the nature ofmisrepresenting factsIt is not just a description of the lawsuit or testimony as it appears. In reality, the court sees that the action may not yet fit into the elements of the offense. According to the judgment of the Supreme Court No. 8520/2001, K. 389/1999, K. 489/1996, K. 606/1994, therefore, the actions of the two defendants are not wrong at all.
5.At present, the original case has not yet reached its conclusion. It is still uncertain what the outcome of the case will be.
In fact, in the said case There may still be issues where the Court of First Instance still misunderstands the facts or the law. Due to the unclear explanations of the two defendants.
In fact, the actions of the plaintiff in this case were based on fault according to the complaints of both defendants. Because the plaintiff in this case acted dishonestly. Concealed and concealed receipts that he dishonestly used the first defendant’s money to use for advertising for other companies. and concealed his own wrongdoing by not delivering the said receipt to the plaintiff.
Currently, the first defendant has filed an appeal against the original verdict. Details appear in the attached copy of the appeal. The outcome of this case may change.
No. 3. For reasons of fact and legal issues as defendant No. 1 has provided in order. Points out that the plaintiff’s case does not have sufficient basis to be considered. Therefore, I request the respected court to please dismiss the plaintiff’s lawsuit entirely. It will be an indescribable grace.
Should or should not be as you please
Verdict
In this case, the court dismissed the case at the preliminary inquiry stage. Due to the reason that the description of the plaintiff’s complaint is unlawful. The elements of the offense are not complete. The court does not need to decide on the content at all.
Summary
This story is therefore a warning to friends who intend to file a lawsuit for perjury, perjury, or false reporting. that the lecture was filed in such type of case There must be a clear description of 4 elements:
1.The content in the part is false. What is it?
2.How is the said lie an important point in the case?
3.Describe what the truth is
4.The defense already knew that This statement is false.
If you do not fully describe these 4 points, There is a chance that the court will dismiss the case without considering the contents of the case at all. As in the example given here.
