Director’s Criminal Liability

Previously, certain laws imposed strict liability on directors in that director were presumed to be jointly liable with the company in committing an offence, unless it can be proved that the director did not aid and abet the commission of such offence. However, as from 12 February 2017 onwards, when the Act Amending the Laws on Criminal Liabilities of Representatives of Legal Entities B.E. 2017 came into force, directors may be held criminally liable with the company for an act which the law prescribes as an offence and subject to punishment, only if such offence resulted from the instructions or action of such directors; or the directors had a duty to give instructions or take action, but omitted to do so, resulting in the company committing the offence.

For more information or assistance, please contact: Anong Seehapan, E-mail: anongs@ilct.co.th