jurisdiction

Source of law The Thai Criminal CodeThe 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 the advantage was given/received corruptly? NoNo
Would facilitation payments be caught? Yes Yes
Would corporate hospitality be caught? Yes Yes
Is there any de minimis? NoYes (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? YesYes
Acts performed outside Thailand  
Can bribery performed outside China be caught? YesYes
Does the act also need to be illegal in the foreign country of performance? NoNo
Who can be liable?   
Thai nationals? YesYes
Thai company? Yes
Thai partnership (including limited liability partnerships) incorporated? 
Director of Thai company? 
Thai company if the bribe is committed abroad by its foreign subsidiary? No  (in limited circumstances)
Foreign subsidiary of a Thai company if the bribe is committed abroad? No  (in limited circumstances)
Foreign national/company/partnership if bribe is committed in Thailand? YesYes
Foreign national domiciled or “ordinarily resident” in Thailand if bribe is committed outside Thailand?Yes (in limited circumstances)  (in limited circumstances)
Foreign company/partnership if bribe is committed abroad? Yes (in limited circumstances)  (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
  • A death penalty 

Bribing an official:

  1. Individual
    • Imprisonment up to five years; and/or
    • A fine not exceeding THB 100,000.
  2. 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
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 Bids to State Agencies B.E. 2542 (1999) (Submission of Bids to State Agencies Act)           Act on Offences Committed by Officials of State Organisations or Agencies B.E. 2502 (1959) (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 the advantage was given/received corruptly? NoNo
Would facilitation payments be caught? Yes Yes
Would corporate hospitality be caught? Yes Yes
Is there any de minimis? NoNo
Does the bribe have to be monetary? No No 
Public officials   
Does the offence only apply to bribing public officials? YesYes
Acts performed outside Thailand  
Can bribery performed outside Thailand be caught? Yes (for example, if it is connected to or affected a Thai government procurement process)Yes
Does the act also need to be illegal in the foreign country of performance? NoNo
Who can be liable?   
Thai nationals? YesYes
Thai company? YesYes
Thai partnership (including limited liability partnerships) incorporated? YesYes
Director of Thai company? Yes Yes
Thai company if the bribe is committed abroad by its foreign subsidiary? Yes  (in limited circumstances)No
Foreign subsidiary of a Thai company if the bribe is committed abroad? NoNo
Foreign national/company/partnership if bribe is committed in Thailand? YesYes
Foreign national domiciled or “ordinarily resident” in Thailand if bribe is committed outside Thailand?Yes  (in limited circumstances)  (in limited circumstances)
Foreign company/partnership if bribe is committed abroad? Yes (in limited circumstances, for example, if it is connected to or affected a Thai government procurement process)  (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
  • A death penalty 
Defences   
Are there any defences available? Yes (lack of intent)Yes (lack of intent)