The offense of embezzlement must be considered whether the property is in the possession of the offender. If the property is in possession and is fraudulently misappropriated, it is the offense of embezzlement.
Embezzlement of hidden or buried valuables
Article 355 Any person who finds valuable movable property that has been hidden or buried under circumstances where no one can claim ownership and who then wrongfully appropriates such property for himself or another person shall be punished by imprisonment not exceeding one year or by a fine not exceeding twenty thousand Baht, or by both such imprisonment and fine.
To retrieve means to dig, drill, demolish, or search.
Valuable movable property refers to a movable asset that possesses intrinsic value, independent of its market price. The specific level of value required can vary on a case-by-case basis, considering the individual’s financial status.
Embezzlement of property under one’s care
Article 353 Any person who is entrusted with the management of another person’s property, or property that another person is a co-owner of, and who commits any act of misconduct in the performance of their duty, causing damage to the property interests of that person shall be punished by imprisonment not exceeding three years or a fine not exceeding 60,000 Baht, or both.
Misappropriation of lost property
If the property came into the possession of the offender, being lost property that the offender found, and the finder took the property without returning it to the owner, the finder is guilty of embezzlement of lost property and shall be punished by half of the penalty for embezzlement of another person’s property.
Lost property refers to any property that has an owner but whose whereabouts are unknown, making it impossible for the owner to trace. Once property is lost, ownership is considered to have passed from the original owner. The finder of lost property is considered to be in possession of that property if they wrongfully claim it as their own or that of another.
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With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.