The way out of a financial crisis can be rectified if there is a legal consultant who specializes in it. Currently, the issue of financial lawsuits is becoming more and more prevalent, as we often see numerous cases occurring on social media platforms where people are constantly suing each other. Many people are unable to find a solution to their financial problems, eventually leading them to become offenders themselves.
For those who are currently at risk or may become defendants in financial fraud cases without prior caution, this article will introduce and recommend interesting ways to find a way out of financial fraud situations.
The embezzlement case is
The case of embezzlement refers to the case where the plaintiff files a lawsuit against the defendant for the offense of embezzlement under the Criminal Code. The offense of embezzlement is covered in Section 352, which states that anyone who possesses property belonging to another, or jointly owned with another, and deceitfully appropriates that property for themselves or a third party, is immediately deemed to have committed the offense of embezzlement.
For example, if Mr. A borrows Mr. B’s car for driving and then pawns it to use the money for spending, this case would be considered an offense of ’embezzlement,’ regardless of how close Mr. A is to Mr. B.
Punishment for embezzlement cases
For those who are defendants and cannot find a way out of the embezzlement case, they will be considered as having committed an offense and must immediately face punishment in the embezzlement case, divided into the following sections:
- Section 352: Whoever possesses property belonging to another, or jointly owned with another, and deceitfully appropriates that property for themselves or a third party, shall be subject to imprisonment for no more than 3 years, or a fine of no more than 6,000 baht, or both.
- Section 353: Whoever is entrusted to manage the property of another, or the property jointly owned with another, and breaches their duty deceitfully causing damage to the interests in that property, shall be subject to imprisonment for no more than 3 years, or a fine of no more than 6,000 baht, or both.
- Section 354: If an offense is committed according to Sections 352 or 353 by someone who acts in the capacity of a manager of another person’s property by court order, will, or in a capacity of a profession or business that is entrusted by the public, the offender shall be subject to imprisonment for no more than 5 years, or a fine of no more than 10,000 baht, or both.
- Section 355: Whoever finds a treasure trove, hides, or buries it under circumstances where no one claims ownership and then deceitfully appropriates that property for themselves or another, shall be subject to imprisonment for no more than 1 year, or a fine of no more than 2,000 baht, or both.
- Section 356: Offenses in this category are considered compoundable offenses.
- Section 96: Under the provision of Section 95, in the case of compoundable offenses, if the victim does not file a complaint within 3 months from the day they become aware of the offense and the identity of the offender, it is considered that the statute of limitations has expired.
The difference between theft cases and embezzlement cases
Many people may wonder why what they have done is not called theft, but may rather fall under the category of embezzlement, which could potentially lead to lighter penalties. However, in reality, the crimes of theft and embezzlement have clear differences. Theft involves the “snatching” of ownership or the right of possession, whereas, in the case of embezzlement, the offender has the right of possession but deceitfully “conceals” or claims ownership for themselves. To put it simply, the distinction can be summarized as follows:
Theft case
- The property being stolen must be in the possession of another at the time it is taken.
- The offender has a clear intent to deceitfully take the property from the possession of another.
- Criminal offense against the state.
- Even if an item is lost, if the owner has not abandoned possession, and if it is taken knowing or having reason to know that the owner is still seeking it, it qualifies as theft.
embezzlement case
- The property remains in the possession of the embezzler, who then claims ownership of that property for themselves.
- The property remains in the possession of the perpetrator, who then has the intent to deceive in order to conceal and claim the property later.
- The offense is compoundable.
- If it is a lost item, and it is taken without knowing that the owner is still searching for it, it will be considered embezzlement.
The role of legal counsel in embezzlement cases.
For those looking for a way out of embezzlement cases, hiring legal counsel for embezzlement cases is another method that can help reduce the chance of being sentenced to the maximum penalty. In cases where the client is the defendant, the legal advisor will search for witnesses and evidence to fight the case in order to obtain a lighter sentence or to negotiate a settlement and compensation in another form. Similarly, in cases where the client is the plaintiff, the legal advisor for embezzlement cases will seek evidence and witnesses to ensure that the defendant receives the maximum penalty and that the plaintiff is compensated according to the law.
The Importance of Hiring an Attorney to Handle a Lawsuit
Hiring a lawyer to find a way out of embezzlement cases is another method that helps offenders get the opportunity to realize their actions and agree to compensate for the actual damage according to the legal process. In addition, lawyers play a crucial role in helping prepare statements and various necessary documents, ensuring that clients do not have to worry or experience increased stress during the trial process. This approach can lead to a resolution of the embezzlement case in the manner desired by the client.
The advantages of having a legal advisor for embezzlement cases.
Having a legal advisor for embezzlement cases is akin to having a thoughtful companion who provides advice, serves as a consultant, and handles document-related and case review tasks to achieve the desired outcome. Possessing a legal advisor in embezzlement cases highly increases the possibility of recovering the embezzled property for oneself again, or at the very least, receiving compensation for the amount of the embezzled assets.
Sorasak Law Office – Legal Consultants for Embezzlement Cases
For anyone looking for a solution to embezzlement cases, Saksit Law Office serves as a legal advisor in a wide variety of cases, especially in embezzlement cases. Saksit Law Office is ready to take care of you and prioritize asset tracing, litigation, and debt collection. Those interested can contact a lawyer at Saksit Law Office and International Consultants Co., Ltd., 49/78 Charansanitwong Soi 40, Charansanitwong Road, Bang Yi Khan, Bang Phlat District, Bangkok 10700.
Tel: 081-692-2428, 094-879-5865
Website: www.sorasaklaw.com
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