Protecting Victims of Online Scams in Thailand: Legal Rights and Remedies for Foreign Residents (Part 2/3)

Rights and Remedies of Scam Victims in Thailand

Foreign residents in Thailand who fall victim to an online scam have a range of legal rights and tools at their disposal. Thai law not only criminalizes the scam itself but also empowers victims to act quickly to mitigate losses and seek justice. From reporting the crime and freezing stolen funds, to working with police on the investigation and pursuing both criminal and civil actions, victims should be aware of the following key procedures and remedies.

Reporting the Scam to Authorities

Prompt reporting is crucial. The moment you realize you’ve been scammed – whether it’s an unauthorized bank transfer, an investment gone bad, or a phishing incident – you should notify the authorities. In Thailand, victims have several reporting channels. The most direct way is to visit or call the local police station, but for cybercrimes there are dedicated units that may be more effective. The Technology Crime Suppression Division (TCSD) of the Royal Thai Police (now part of the Cyber Crime Investigation Bureau) specializes in online scam cases, and victims can file a criminal complaint with this division. For foreigners and tourists, the Tourist Police (dial 1155) can be an invaluable resource – they are accustomed to assisting non-Thai speakers and can help coordinate with investigative units. There is also a Cybercrime Hotline 1441 and a Police Cyber Taskforce number (081-866-3000) that scam victims can call for immediate guidance. The Royal Thai Police have even set up an online

portal (www.thaipoliceonline.com) where individuals can file a cybercrime complaint online, which is useful if you cannot easily visit a station in person. When reporting, it’s important to provide as much detail and evidence as possible (described further below). Once a report is made, the police will record it as an official complaint and begin an investigation if the facts indicate a crime. By law, if you report to your bank or e-wallet provider first (as detailed in the next section), you must still file a police report within a specified timeframe to keep the case moving. Thai authorities treat scam complaints with urgency given the government’s focus on suppressing technology crimes, so don’t hesitate to report – there are no penalties for reporting in good faith, even if some time has passed, although the sooner the better for chances of recovery. Remember to ask for a copy of your police report or at least the report reference number; this will be important for follow-up and for any subsequent legal actions (such as court proceedings or claims with AMLO).

Freezing Scam-Related Accounts and Fund Recovery

One of the strongest rights victims now have is the ability to freeze fraudulent transactions and accounts quickly to prevent further losses. Under the 2023 cybercrime emergency decree (and affirmed in 2025 amendments), if you realize that money has been illicitly transferred out of your bank account or credit card due to a scam, you can contact your bank or online payment provider immediately and demand a freeze of the transaction. This is often done by calling the bank’s emergency hotline. Upon such notification from a victim, the bank or platform is legally required to temporarily freeze the suspect transaction for 72 hours. This initial freeze is like hitting a pause button, giving you time to take further steps. Crucially, you must then file a police complaint within those 72 hours and obtain documentation of the complaint. Once you provide the police complaint to the bank, the

freeze can be extended to 7 days from the date of police report. During this period, the police and potentially AMLO will investigate and determine if the freeze should continue. If the police find evidence that the funds are indeed linked to a scam, they can issue an order to maintain the freeze beyond 7 days while the investigation continues. Otherwise, if no further official order is given by the end of the 7 days, the bank may unfreeze the funds.

In practice, what this means for victims is: act within the first hours of a scam. For example, if you are tricked into transferring money to what turns out to be a fraudster’s account, call your bank’s fraud hotline right away – banks in Thailand are integrated with the police’s anti-scam network and can initiate a freeze. Many scams involve a daisy chain of accounts: the money might hop from one mule account to another rapidly. Thai banks now coordinate among themselves and with AMLO; if one bank flags a fraudulent transaction, it will alert other banks and platforms to also freeze any onward transfers of those funds for seven days. This inter-bank cooperation has helped in practice to contain funds before they vanish into cash withdrawals or crypto conversions. Indeed, between late 2023 and early 2024, Thai police and banks collaboratively froze over 4.5 billion baht across thousands of scam-related accounts, thanks to these new mechanisms.

After freezing comes the challenge of fund recovery. If the freeze is successful and some or all of the funds remain in accounts, victims can seek to get their money back through legal channels. One way is via the criminal process – the police upon concluding the investigation will transfer the case to public prosecutors, who can ask the court, as part of a trial, to confiscate the frozen funds and return them to the victim as restitution. Alternatively, under the AMLA process described earlier, the case might be treated as a financial crime where AMLO holds the assets until victims file claims. Filing for fund recovery via AMLO typically involves submitting a claim form to AMLO or the police once you’re identified as a victim in the case. AMLO will announce deadlines for victims to come forward (as they did in the iCon scam case). Victims should provide evidence of their loss (e.g. bank transfer receipts, chat logs of the scam) to substantiate the claim. Then, through either administrative proceedings or a civil court petition, the frozen assets can be allocated back to victims proportionately. It’s

important to note that if the frozen assets are insufficient to cover everyone’s losses, you may receive only a partial refund; the rest might have to be pursued directly from the perpetrators via civil lawsuits (if they have other assets). Nevertheless, Thailand’s approach gives victims a fair chance to recover what’s recoverable, and many have indeed received refunds when scam rings are busted and assets seized. The key is speed and documentation: report quickly, ensure the accounts get frozen, and formally stake your claim to those funds through the legal process.

Role of Police and Regulatory Authorities

Upon receiving a scam report, Thai law enforcement and regulatory agencies swing into action according to their respective roles:

• Police (Cyber Crime Investigation Bureau – CCIB)

  Within the Royal Thai Police, specialized units like the CCIB (formerly the Technology Crime Suppression Division) handle the investigation. They will collect evidence, trace the flow of funds, and identify suspects. The police have the power to demand data from banks, telecoms, and internet service providers as needed for the case. For instance, they might request the account opening records of the bank account where your money was sent, the CCTV footage of withdrawals, or the subscriber information of phone numbers that contacted you. The goal is to map out the scam network – often revealing multiple “account mules” and the masterminds behind them. Thailand’s police also collaborate internationally; if foreign nationals or overseas operations are involved, they coordinate with agencies like Interpol or the police in the relevant country. A notable example is the joint operation with Australian Federal Police that took down a boiler-room scam in 2025, illustrating cross-border cooperation to arrest perpetrators operating in Thailand. After investigation, the police will formally charge the suspects under the applicable laws (Penal Code, Computer Crime Act, etc.) and forward the case to prosecutors for criminal proceedings.
  

• Anti-Money Laundering Office (AMLO)

  As mentioned, AMLO works in parallel with police when scams involve financial flows. AMLO analysts may examine suspicious transaction patterns (e.g. large incoming transfers to a new account followed by quick withdrawals) and issue freeze orders on assets. They also maintain a centralized system through which banks report scam-related accounts. AMLO can publish lists of suspected mule accounts or wallet addresses to warn the public and institutions. For victims, AMLO is important because it ultimately oversees the disposition of seized assets – their involvement often means there’s a pathway for restitution.
  

• Bank of Thailand (BOT) and Financial Institutions

  The BOT, as the central bank, has directed commercial banks to establish anti-scam protocols. Banks now have dedicated fraud departments and cooperate in the “Fraud Net” – a network for sharing information on scams in real time. If one bank identifies a fraud, others are alerted to watch related accounts. The BOT has also pushed regulatory changes (including the emergency decrees) to make sure banks can act without fear of breaching privacy laws when sharing data to combat crime. From a victim’s perspective, banks are on the front line: you as a customer will interact with your bank’s team to freeze transactions and gather evidence (account statements, etc.). Banks may also reach out to you if they detect unusual activity – for example, some banks call customers if a large transfer occurs to an account flagged as high-risk, giving an opportunity to confirm if it’s fraudulent.
  

• Telecommunications Commission (NBTC) and Providers

  The NBTC’s regulations mean that if your case involves phone numbers (scam calls or SMS), the telecom providers will be involved in disabling those numbers and providing data. Under the new measures, once the police or NBTC flags a phone number as used in scams, the provider must suspend it within 24 hours. They will also give the police the registration info tied to that number (hence the push for proper ID verification on SIM cards). If you received scam SMS with links, the NBTC can use that information to work with telcos to block those links or issue warnings. These regulatory actions don’t directly give money back to victims but are essential for shutting down the scam infrastructure and preventing further harm.
  

• Securities and Exchange Commission (SEC)

  If the scam is investment-related (e.g. a fake investment scheme, forex or crypto scam), the SEC may step in. They have powers to investigate unlicensed investment solicitations and can impose administrative penalties. The SEC can also coordinate seizure of assets like cryptocurrency through the courts. In one initiative, the SEC worked on guidelines to seize cryptocurrency from criminals and penalize peer-to-peer crypto traders facilitating scams. Victims might not interface with the SEC directly, but the agency’s actions (such as revoking licenses or providing expert support to police on complex frauds) form another layer of protection.
  

• Consumer Protection and Others

  Agencies like the Office of the Consumer Protection Board, while more geared toward conventional consumer issues, sometimes help mediate in cases of online shopping fraud or services not delivered. For example, if a foreign consumer buys a product from a Thai online seller and never receives it, filing a complaint with this office can prompt an inquiry or settlement. However, for outright scams with criminal intent, the matter usually escalates to the police rather than staying in administrative mediation.

In sum, once a scam is reported, a network of Thai authorities becomes involved – police investigators, financial regulators, telecom regulators, and others each address aspects of the crime. Victims have the right to cooperation from these authorities. The multi-agency approach mandated by law ensures that your report does not languish in one office; instead, information flows to all relevant bodies (via the centralized systems created by the new decree) so that enforcement is coordinated. It is the right of a victim to be kept informed (within reason) of the progress, and you may follow up with the police investigator on your case number for updates. With persistent follow-up and the help of legal counsel, victims can make sure their case is actively pursued on all fronts.

Handling Digital Evidence

In an online scam case, evidence is often digital – emails, chat messages, screenshots of conversations, electronic bank records, etc. Preserving and handling this evidence properly is critical to both prosecuting the scammer and recovering funds. As a victim, one of your rights (and responsibilities) is to gather any evidence in your possession and submit it to the authorities. For instance, if you were scammed through a messaging app, you should save the chat history and export it if possible; if you received fake documents or emails, keep copies; if you made bank transfers to the scammer, obtain the transaction receipts or bank statements. The more documentation you can provide, the stronger the case. Thai police are accustomed to dealing with digital evidence and will often ask victims to forward emails or provide printouts. When handing over digital evidence, be sure to do so without altering it – forward original emails (with headers), provide full screenshots (showing timestamps), and so forth. This helps establish authenticity.

Thai law (such as the Electronic Transactions Act) recognizes electronic data as admissible evidence in court, provided its integrity is shown. Police cyber units have forensic tools to retrieve data from phones or computers if needed (for example, they might ask to see your phone to verify a message’s metadata). They can also obtain evidence from service providers: computer traffic logs, IP addresses, and subscriber info can be demanded via court order under the Computer Crime Act and cybercrime decree. Suppose the scammer emailed you; the police can request log-in IP data from the email service to trace where the scammer logged in from. Or if the scammer used a Thai bank account to receive money, the police will get the account opening documents, CCTV at ATM withdrawals, and transaction logs from that bank. All of this digital trail serves to corroborate your complaint and pinpoint the suspects.

As a victim, you have the right to have your evidence considered and properly handled. Police will typically record a list of evidence you submit in the complaint report. It’s wise to keep copies of everything you turn over, and have the police officer sign to acknowledge receipt if you provide physical media (like a USB drive or printed emails). During the investigation and any court proceedings, digital evidence will be analyzed and presented. Thai courts may require a Thai translation of key evidence (for example, if your communications with the scammer were in English, these might need to be translated to Thai for the official court record). Your attorney can assist with ensuring evidence is translated and submitted in the correct format.

In terms of privacy, note that any personal data in evidence (like your bank statements or phone records) will be kept confidential within the investigation and court context. If evidence needs to be shared with foreign authorities (say the scammer is overseas), Thai police will use official channels. Victims should be honest and thorough in providing evidence – even if some details are embarrassing (e.g. in a romance scam, personal messages). Remember that all these digital footprints are often the only way to link the crime to the perpetrator, so they are crucial for a successful outcome. By promptly collecting and handing over digital evidence, you leverage the power of Thai cyber laws that allow investigators to connect the dots and strengthen your case.

Legal Avenues: Criminal Prosecution vs. Civil Remedies

Victims of scams in Thailand have two main legal avenues to pursue justice: the criminal process and the civil process. These avenues can run in parallel and are not mutually exclusive. Here’s how they work and what rights you have in each:

1. Criminal Prosecution

   This is the default path when you report a scam – it triggers a criminal investigation and potentially a prosecution by the state. In a criminal case, the goal is to prove the defendant (scammer) guilty “beyond a reasonable doubt” for the offenses (fraud, computer crime, etc.) and have the court impose penalties (imprisonment, fines). As a victim, you have the right to participate in the criminal case. Thailand’s system allows victims to become a co-complainant (joint plaintiff) alongside the public prosecutor, or at minimum to testify as a witness and submit claims for compensation during the trial. The burden of proof in criminal cases is high, meaning the police and prosecutors must gather strong evidence to convict the scammer. If the scammers are unknown or abroad, the prosecution may take time or face hurdles, but Thai authorities have been increasingly successful, especially with new laws enabling better evidence collection and international cooperation. If the court finds the defendants guilty, they will be sentenced under the law (for example, 5 years in

   prison for fraud with impersonation under Penal Code Section 342, etc.). Importantly for victims, the Criminal Procedure Code allows you to claim compensation for damages within the criminal case itself. The court can order the convicted scammer to pay back the amount you lost, as restitution. This avoids the need for a separate lawsuit, provided the person is convicted and has the means to pay. However, collecting that money depends on the scammer’s assets – which is why the aforementioned AMLO asset freeze is so vital. If assets were seized, the court can direct those to be used for compensation.
   

2. Civil Lawsuit

   Separately or additionally, a victim can file a civil suit for damages against the perpetrators. This might be done if, for example, the criminal case is moving slowly or the victim wants to pursue other liable parties (perhaps the scam involved a company that can be sued for negligence). In a civil case, you sue the scammer (and possibly any accomplices or even institutions that might bear responsibility) for monetary damages equal to your loss, and potentially additional damages like emotional distress in some cases. The burden of proof in civil cases is lower – essentially you must show it’s more likely than not that you were defrauded by the defendant. The advantage of a civil case is that it focuses on getting your money back rather than punishing the offender. Civil judgments can seize the defendant’s assets to pay you, even if the defendant is not imprisoned (or even if they flee, you might still attach any property they left in Thailand). In Thai law, fraud is also a tort (wrongful act), so the elements you need to prove are similar to the criminal fraud – deception, damage, causation. Often, however, scammers do not have readily accessible assets beyond what AMLO already froze. Thus, civil suits are most useful when there are third parties that might share liability. With the new laws imposing shared liability on banks or telecom operators that negligently fail to prevent scams, one could imagine scenarios where victims sue a bank for, say, failing to follow the mandated freeze procedures or KYC (know-your-customer) rules that would have stopped a fake account. Such cases would be novel, but the law explicitly allows regulatory penalties and suggests a standard of care that victims might cite in civil litigation. Another scenario for civil action is when multiple victims band together in a class-action style claim (though Thailand doesn’t have U.S.-style class actions, victims could file individual similar suits or a group complaint in the Criminal Court).

Choosing the Avenue

In practice, most victims will engage the criminal process first, as it is initiated by simply filing a police report. Civil action may come later, often with the help of an attorney to assess if it’s worthwhile. It’s important to note that if a criminal case is already adjudicated, its findings can bolster a civil case – a criminal conviction for fraud is strong evidence for a civil claim of fraud. Conversely, even if the criminal case does not result in conviction (due to lack of absolute proof or suspect absconding), you might still win a civil case because of the lower proof threshold. Thai courts try to ensure victims are compensated: for instance, the Criminal Court can, upon conviction, order the defendant to pay damages, and the victims can agree to that amount and not pursue a separate civil suit. Moreover, as referenced earlier, certain regulatory frameworks offer civil remedies – the Securities and Exchange Act allows fines and bars on scam offenders in investment frauds, and those fines can effectively serve as compensation.

In summary, victims have the legal avenue to see scammers jailed (criminal) and the avenue to recover money (civil) – often both are pursued. The Thai justice system acknowledges the pain and loss of victims and thus provides these multiple pathways. An experienced lawyer can advise how to strategize: sometimes just the threat of a civil suit can lead to a settlement (for example, a minor scammer might agree to repay funds to avoid further legal trouble). In any case, knowing your rights in both realms ensures you don’t leave any stone unturned in your quest for justice.