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CSBC Law Offices-Thailand & Global Connect

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CSBC Law Offices-Thailand & Global Connect

CSBC Law Offices - a local law firm with a global outlook for its members, alumni and clients to connect and exchange ideas, law development among members.

22/07/2026

Compoundable Offenses Under Selected Aspects!

If you are an injured party or a criminal complainant, it is important to understand whether certain offenses may be settled rather than pursued through a full trial. Under the Thai Penal Code, many non-serious offenses are compoundable, meaning they can be resolved by compromise and settlement. Such settlement is conditional upon reporting to the police inquiry official within a prescribed period, which determines whether further prosecution should proceed.

The rationale behind this principle is that prosecuting minor criminal actions to final judgment may create unnecessary burdens and dilemmas for society at large. To avoid this, most criminal justice systems recognize provisions that allow non-serious cases to be settled, in light of a certain degree of seriousness of the offense.

The Thai Penal Code provides that certain offenses amongst others, defamation, cheating, fraud, misappropriation, mischief, and trespassing may be settled and terminated without full trial.

In principle, offenses involving a degree of private injury may appropriately remain compoundable under Thai law, provided that their settlement does not adversely affect public safety or the interests of society at large.

Author: Arrada Kiatsiriroj
LL.B. in Business Law (International Program), Thammasat University
2026 Legal Intern, CSBC Law Offices
Posted date: 22 July 2026

22/07/2026

Criminal Action Commencement Under Thai Law: Past and Future Review

A criminal case under Thai law may be brought before the court in two ways through a police inquiry official, followed by the public prosecutor, and ultimately the court; or by a private plaintiff, in which case a preliminary examination is required. This step is omitted when the case is initiated through a police inquiry official.

The rationale behind the preliminary examination is to provide the court with an opportunity to assess and evaluate the case at the outset, determining whether sufficient grounds exist to proceed. This mechanism prevents malicious intent, frivolous litigation, or misunderstandings as for questions of law or fact. Without such examination, the defendant could face undue burdens or dilemmas from baseless accusations.

The court’s role at this stage is to evaluate whether the case presents prima facie evidence, which differs from the evidentiary threshold at trial, where proof beyond a reasonable doubt is required. Thus, the preliminary examination functions as a safeguard, ensuring that only cases with sufficient merit advance to full trial.

Although the preliminary examination may impose certain burdens on the criminal plaintiff, it serves as a protective measure. It screens cases brought by private plaintiffs and complements other constitutional safeguards designed to protect the rights of defendants under the Thai Constitution.

Author: Thitachaya Somkearti
LL.B. in Business Law (International Program), Thammasat University
2026 Legal Intern, CSBC Law Offices
Posted date: 22 July 2026

22/07/2026

Drones: Legal Framework in Thailand and Beyond

Drones today serve diverse purposes both in Thailand and globally. Under Thai law, drones may be classified as armaments when specifically designed for military use. In such cases, they fall under the Control of Armament Act of 1987, requiring prior authorization for possession, importation, or exportation.

Beyond their military function, drones are also subject to control under the Radiocommunication Act of 1955. Any person who possesses, produces, uses, imports, exports, or trades drones must obtain a license from the National Broadcasting and Telecommunications Commission (NBTC).

In light of this legal framework as it now stands, YouTubers and influencers who use drones for vlogging should ensure that proper licenses have been secured. Compliance helps avoid legal risks, even amidst the pursuit of likes, subscribers, and views generated from drone-based content.

Author: Tanyatip Kaewjundee
LL.B, Chulalongkorn University
2026 Legal Intern, CSBC Law Offices
Posted date: 22 July 2026

21/07/2026

Hidden Buddha Statues Beneath the Ground: Who Owns Them Under Thai Law?

What happens if Buddha statues are discovered buried underground and are later distributed to local villagers? Many may assume that the finder automatically becomes the owner of the property. Under Thai law, however, the answer is far more complex.

If the discovered Buddha statues possess historical, archaeological, or artistic significance, they may qualify as "antiques" under the Ancient Monuments, Antiques, Objects of Art and National Museums Act of 1961 (“Act”). In such a case, if no person can prove ownership of the antiques, they become property of the State pursuant to Section 24 para 1 of the Act, and the finder is legally obliged to deliver them to the competent authorities.

Even if the Buddha statues do not qualify as antiques, where they constitute valuable movable property that has been hidden or buried underground and the owner cannot be identified, said Buddha statues generally belong to the State under Section 1328 of the Civil and Commercial Code.

In this respect, a monk or any other person who discovers such Buddha statues does not automatically acquire ownership merely by virtue of being the finder. Any subsequent distribution of the Buddha statues to local villagers does not constitute a valid transfer of ownership to the recipients. This is consistent with the legal principle of Nemo dat qui non habet —he who hath not cannot give.

Failure to surrender the discovered Buddha statues to the authorities, or the concealment, appropriation, possession, or disposal thereof, may be subject to criminal liability. The penalties may be even more severe if the discovered Buddha statues qualify as antiques under the Act.

Thai law therefore does not regard antiques merely as private property; rather, they are considered part of the nation's cultural heritage. Anyone who discovers objects that may be ancient or of historical significance should promptly notify the relevant authorities so that they can be properly preserved and protected in accordance with the law, thereby safeguarding the country's cultural heritage for future generations.

Author: Thanpitcha Chaiyaket
LL.B., Thammasat University
2026 Legal Intern, CSBC Law Offices
Posted date: 21 July 2026

11/06/2026

Thai Corporate Law Update: No More ‘Walk-in’ Registrations at the Thai DBD

Effective 1 July 2026, the Department of Business Development (“DBD”) of the Thai Ministry of Commerce will implement its ‘DBD Biz Regist’ system (https://edbr.dbd.go.th/) as the sole platform for corporate registrations, including company or partnership formation, changes of directors, changes of head or branch offices, and amendments to the memorandum of association and bylaws. ‘Walk-in’ or in-person registration services will cease from that date.
Thai promoters and directors may complete registration within one day through supporting applications such as ThaiID, DBD e-Service, and Paotang. However, non-Thai promoters and directors may face longer processing times, as additional identity verification may be required under DBD procedures, for example, submission of wet-ink signed consent letters.
These changes are expected to streamline corporate registration processes and support Thailand’s transition toward a fully digital government.

Author: Tanniti Pateetin
LL.B. in Business Law (International Program), Thammasat University
2026 Legal Intern, CSBC Law Offices
Posted date: 11 June 2026

06/06/2026

June 5, 2026: CSBC Law Offices hosted a memorable event last night, featuring a farewell for our interns, Jonas and Satang, a welcome reception for our new interns, Tan, Money, Sunny, Nam, and Thanya, and a cluster-based birthday celebration for PC (Tor), PT (Dui) SSA (Kai-Tong), and TK (Fon). The presence of the CICS team and our esteemed regular guest, Dr. Rachael, made this event particularly innovative!.

04/06/2026

June 4, 2026: Welcome to our 2026 Legal Interns from Thammasat & Chula! You'll be spending the next two months with your awesome mentors. A big thanks to Justin (Theerin) for stepping up as the director of the internship program.

Good luck to Jonas and Satang with your further studies!

11/05/2026

Assignment of Receivables, Transfer of Debts and Novation: Comparison Between French and Thai Law under legal intern perspectives

French and Thai law both provide mechanisms allowing the modification of obligations between creditor and debtor, but their approaches differ significantly, especially regarding debt transfer. French law clearly distinguishes between: assignment of receivables, assignment of debts, novation, and delegation. By contrast, Thai law adopts a simpler framework centered mainly on transfer of claims, and novation.

Unlike French law since the 2016 reform, Thai law does not recognize an autonomous mechanism for debt assignment. In practice, debt transfer is generally achieved through novation by alteration of the debtor.

Novation consists in extinguishing an existing obligation and replacing it with a new one. In both systems, novation may involve a change of debtor, creditor, or obligation. Thai law defines novation as the modification of an essential element of the obligation.

Both legal systems consider that while the original obligation disappears and that a new obligation arises, securities and accessory rights are maintained only with the consent of the parties involved.

A major difference concerns the transfer of debt. French law distinguishes clearly between assignment of debt and novation, whereas Thai framework largely treats debt transfer within a novatory logic. Moreover, Section 349 paragraph 3 of the Thai Civil and Commercial Code states that novation by an alteration of the creditor follows the rules governing transfer of claims. As a result, an alteration of the creditor often operates similarly to an assignment of receivables.

Overall, French law appears more technical and sophisticated because it clearly separates the transfer of an existing debt from the creation of a new obligation through novation. Thai law, by contrast, retains a more unified and flexible system centered on novation.

References

⁃ Thai Civil and Commercial Code: Transfer of Claims (Sections 303 - 313), Prescription period (Section 193/14), Novation (Sections 349-352)

⁃ French Civil Code: Assignments of receivables (Article 1321 to 1326), Assignments of debts (Article 1327 to 1328-1), Novation (Articles 1329 to 1335), Delegation (Articles 1336 to 1340)

⁃ Treaties on the TCC re: Consequence & Extinction of Obligations (in Thai), by Adjunct Professor Jarun Pakdeethanaku, 5th ed, 2026, Krungsiam Publishing, P318-327.

Author: Jonas Celestin

LL.M. in Business Law (International Program), Chulalongkorn University

Legal Intern, CSBC Law Offices

28/02/2026

27 Feb 2026: Last night's bonding dinner was a blast, celebrating Frank (Thira) as he heads off for military service and Nong A's return to UBU's Faculty of Law! We even got a super snapshot with Caroline in her TU gown. 📸

Our thanks toTL, CI, Bow Nong Pleum, Shuting and Nong Nat for joining the event.

25/02/2026

25 Feb 2026: Our brilliant litigators, Bena (Watsamon) and Sam (Supanut), attended the "Thailand & SE Asia: 7th International Arbitration Summit" today at Tilleke & Gibbins, Bangkok to exchange insights on the latest trends and developments in the region.

Sam (LL.M.-London) and Bena (LL.M.-CU) specialize in arbitration and are our key experts in this area.

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