Section 35

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Compensation Corporate criminal liability Criminal liability Human trafficking

This provision sets out the right of a victim of human trafficking to claim compensation and the duty of the Public Prosecutor to make such claim on behalf of the trafficked person.  The claim forms part of the prosecution, and judgment on the claim is part of the judgment in the criminal case.  Where compensation is ordered, the trafficked person is regarded as a creditor and the Director-General of the Legal Execution Department is obliged to ensure the enforcement of the judgment and payment of the money.  Importantly, the proceedings for a compensation claim under this section are also exempt from any costs.

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Section 35. In case where the trafficked person has the right to compensation for damages as a result of the commission of trafficking in persons and express his intention to claim compensation thereof, the Public Prosecutor, to the extent as informed by the Permanent Secretary for Social Development and Human Security or any person designated by him, shall, on behalf of the trafficked person, claim for compensation thereof.

The claim for compensation under paragraph one, may be brought by the Public Prosecutor either with the criminal prosecution or by way of motion filed at any time during the trial of the criminal case in the Court of the First Instance.

The judgment in the part of the claim for compensation shall be given as one part of the judgment in the criminal case. In case where the Court orders to compensate for compensation, the trafficked person shall be regarded as the creditor according to the judgment and the Director-General of the Legal Execution Department shall be bound to execute the judgment of such.

The hearing proceedings of claim for compensation under paragraph one and the execution of judgment under paragraph three are exempt from any costs. The provisions of the Criminal Procedure Code shall apply mutatis mutandis as far as they do not contravene to any provisions stipulated in this Act.

Law /Thailand / Anti-Trafficking in Persons Act BE 2551 (2008)

The Anti-Trafficking in Persons Act criminalises human trafficking, prescribes penalties for individuals and juristic persons who commit human trafficking offences and provides a mechanism for victims to claim compensation and request assistance from Thai authorities.