Invalid Complaint and Lack of Proper Initiation of Criminal Proceedings
acts:
Mr. Chaliew was defrauded by Mr. Chalong in the amount of 81,000 baht. Fifteen days after the incident, Mr. Chaliew, being required to travel abroad for business, submitted a written complaint to the Minister of Interior. He then remained abroad for six months. Upon his return, finding no progress in the case, he retained legal counsel to file a private criminal prosecution against Mr. Chalong. During the preliminary hearing (inquiry into whether the case has a prima facie basis), the issue arose regarding the validity of the initial complaint.
Legal Issue:
Whether a complaint lodged with the Minister of Interior constitutes a valid complaint under Thai criminal procedure law, thereby entitling the injured person to initiate a private prosecution.
Legal Analysis:
Under the Thai Criminal Procedure Code, a complaint must be filed with a competent inquiry official or administrative officer legally authorized to receive such complaint. The Minister of Interior does not qualify as an inquiry official or a competent administrative officer for the purpose of receiving criminal complaints.
Accordingly, the submission made by Mr. Chaliew to the Minister of Interior does not constitute a valid complaint under the law. As a result, the condition precedent for initiating criminal proceedings—namely, a valid complaint by the injured person—has not been satisfied.
Pursuant to established Supreme Court precedent (Decision No. 1226/2513), a complaint filed with an unauthorized official is legally ineffective and cannot support criminal prosecution.
Conclusion:
The Court shall dismiss the case on the ground that no valid complaint has been properly made by the injured person, and therefore the prosecution is procedurally defective.