jurisdiction

Thailand
Sources of law The Thai Criminal Code The Organic Act on Counter-Corruption Act B.E. 2561 (2018) (Counter-Corruption Act) as amended and the Notification of the National Anti-Corruption Commission regarding Rules of the Acceptance of Property or Other Benefits of State Officials B.E. 2563 (2020) 
Offence 

The Criminal Code criminalises the offering and giving of bribes to, as well as the acceptance and solicitation of bribes by, government officials. 

The offence requires intent “to induce an official to do, or not to do any act, or to delay the doing of any act contrary to one’s own duty”. 

The Counter-Corruption Act criminalises the giving and taking of bribes by state officials, which include Thai officials as well as foreign state officials, and officials from  international organisations. 

The offence requires intent “to induce such person to do or not to do any act, or to delay the doing of any act contrary to his own duty”. 

The bribe  
Is there a presumption that any advantage was given/received corruptly? No No
Would facilitation payments be caught? Yes  1  Yes 1  
Would corporate hospitality be caught? Yes 1  Yes 1 
Is there any de minimis? No Yes (if an official receives property or any other benefit exceeding THB 3,000, such official must report the details and fact thereof to the official’s superior, and such money or benefit may be required to be handed over to the State) 
Does the bribe have to be monetary? No No 
Public officials  
Does the offence only apply to bribing public officials? Yes Yes 2  
Acts performed outside Thailand  
Can bribery performed outside Thailand be caught? Yes Yes 
Does the act also need to be illegal in the foreign country of performance? No No 
Who can be liable  
Thai national? 

 

Yes 

 

Yes 

Thai company? Yes 3   6 
Thai partnership (including limited liability partnership)?  4  6 
Director of Thai company?  5  5  
Thai company if the bribe is committed abroad by its foreign subsidiary? No  6   (in limited circumstances) 
Foreign subsidiary of a Thai company if the bribe is committed abroad? No  7    (in limited circumstances) 
Foreign national / company / partnership if the bribe is committed in Thailand? 

 

Yes 

 

Yes 

Foreign national domiciled or “ordinarily resident” in Thailand if the bribe is committed outside  Thailand? Yes (in limited circumstances)  7    (in limited circumstances) 
Foreign company / partnership if the bribe is committed abroad? Yes (in limited circumstances)  7    (in limited circumstances) 
Penalties  
Penalties include: 

Bribing  an official: 

  • Imprisonment up to five years; and/or 
  • A fine not exceeding THB 100,000. 

For the official being bribed: 

  • Imprisonment of five – twenty years, or life imprisonment, and a fine of THB 100,000 - 400,000, or  
  • The death penalty 

Bribing  an official: 

(i)  Individual 

  • Imprisonment up to five years; and/or 
  • A fine not exceeding THB 100,000. 

(ii) Juristic Person 

  • A fine starting at the amount (and not exceeding double the amount) of the incurred damages or the gained benefits 

For the official being bribed: 

  • Imprisonment of five – twenty years, or life imprisonment, and a fine of THB 100,000 - 400,000, or  
Defences  
Are there any defences available? Yes (lack of intent) Yes (for juristic persons, where the offender has committed an offence in the interests of such legal  person,  it  is  a defence to have “appropriate internal control measures to prevent the commission of the offence”) 

 

Source of law The Act on Offences Relating to the Submission of Act on Offences Committed by Officials of State Bids to State Agencies B.E. 2542 (1999) (Submission of    Organisations or Agencies B.E. 2502 (1959) Bids to State Agencies Act)Act on Offences Committed by Officials of State Bids to State Agencies B.E. 2542 (1999) (Submission of    Organisations or Agencies B.E. 2502 (1959) Bids to State Agencies Act) (Act on Offences Committed by Officials of State Organisations) 
Offence The Submission of Bids to State Agencies Act criminalises the giving and taking of bribes in order to obtain a government contract or to distort prices in the bidding for government contracts. Act on Offences Committed by Officials of State Organisations criminalises the taking of bribes by officials of state organisations or agencies (e.g., personnel of a state enterprise). 
The bribe  
Is there a presumption that any advantage was given/received corruptly? NoNo 
Would facilitation payments be caught? Yes  8  Yes  1 
Would corporate hospitality be caught? Yes  8  Yes  1  
Is there any de minimis? No No 
Does the bribe have to be monetary? No No 
Public officials  
Does the offence only apply to bribing public officials? Yes  Yes  9  
Acts performed outside Thailand  
Can bribery performed outside Thailand be caught? 

 

Yes  

 

Yes  

Does the act also need to be illegal in the foreign country of performance? NoNo 
Who can be liable  
Thai national? Yes  Yes  10  
Thai company? Yes  Yes  10 
Thai partnership (including limited liability partnership)? Yes  Yes  10 
Director of Thai company? Yes  5  Yes  5  
Thai company if the bribe is committed abroad by its foreign subsidiary? No No
Foreign subsidiary of a Thai company if the bribe is committed abroad? No No
Foreign national / company / partnership if the bribe is committed in Thailand? Yes  Yes  
Foreign national domiciled or “ordinarily resident” in Thailand if the bribe is committed outside  Thailand? Yes (in limited circumstances)  10   (in limited circumstances) 
Foreign company / partnership if the bribe is committed abroad? Yes (in limited circumstances)  10   (in limited circumstances) 
Penalties  
Penalties include: 
  • Imprisonment of one - five years, and 
  • A fine amounting to 50% of the amount representing    the highest bid made between co-offenders, or the value of the contract, whichever is greater 
  • Imprisonment of five – twenty years, or life imprisonment, and a fine of THB 2,000 – 40,000, or 
  • The death penalty 
Defences  
Are there any defences available? Yes (lack of intent) Yes (lack of intent)