On 11 February 2017, the Criminal Liability of Representatives of Juristic Persons Amendment Act (B.E. 2560) (the "Act") came into effect and repeals a legal presumption of criminal liability on a director, a manager, or other persons responsible for the operation of juristic person embedded in 76 legislations, including, amongst others, the Financial Institution Business Act, the Life and Non-Life Insurance Acts, the Revenue Code, the Consumer Protection Act, the Act Prescribing Offences Related to Registered Partnerships, Limited Partnerships, Limited Companies, Associations And Foundations, the Anti-Money Laundering Act and etc.

The amendment follows the landmark decision of the Constitutional Court case no. 12/2555 dated 28 March 2012 and certain subsequent decisions, which ruled that the presumption of a criminal liability is contrary to the Constitution. Hence, the Act has revived the principle of a presumption of innocence and a burden of proof on the prosecution now lies on a claimant to prove that the offence committed by a juristic person results from instruction, act, or omission of its representative. 


This document is solely intended to provide an update on recent development in Thailand legislation and is not purported to provide a legal opinion, nor a legal advice to any person.