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Thailand Financial Offense and White Collar Crime |
Financial offenses are offenses that relate to the unauthorized receipt or transfer of funds or assets. Thailand law defines certain financial offenses as criminal offenses. Financial offenses may also be civil cases pursuant to tort law (wrongful act), contract law, bankruptcy law, tax law or administrative law.
Criminal offenses in Thailand are defined in the Thailand Penal Code Title 12. Financial offenses include: Fraud, Misappropriation and Receiving Stolen Property.
Financial offenses may also be defined in various regulations and Acts, such as the Anti-Money laundering Act.
Criminal financial offenses have similarities and differences with other criminal offenses. Financial offences involve basic principles of criminal law, such as the requirement of intent and the requirement that cases be proven beyond a reasonable doubt. However, financial offenses may be more complex, wherein the accused may have specialized knowledge of financial, accounting or banking procedures. Therefore, attorneys handling complex criminal financial crime relating to financial record-keeping cases, also known as “White Collar Crime”, should be knowledgeable about basic principles of finance and accounting as well as being qualified in criminal law procedures.
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