Buying Stolen Goods Without Knowing – Are You Still Liable?
Buying stolen goods without knowing is more common than many realize—especially in Thailand’s informal markets, second-hand groups, or peer-to-peer sales.
But is lack of awareness a valid legal defense? Can a buyer still be prosecuted even when acting in good faith?
In this article, we provide an in-depth explanation of Thai law on receiving stolen property, protections available to innocent buyers, and practical advice—brought to you by a lead law firm in Bangkok.
Table of Contents
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Understanding the Crime: Buying Stolen Goods Without Knowing
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Borderline Cases: No Criminal Intent, But Still No Ownership
1. Understanding the Crime: Buying Stolen Goods Without Knowing
The crime of receiving stolen property—even unknowingly—can lead to serious legal consequences under Thai law. The issue arises when an item, later discovered to be stolen, is found in your possession.
Thai courts take this seriously due to the need to discourage stolen property markets. Buyers are therefore expected to exercise due diligence, particularly when buying used or second-hand items.
⚠️ According to the UNODC, the global trade in stolen goods remains a significant challenge to criminal justice systems, including in Southeast Asia.
2. Relevant Law: Thai Penal Code Section 357
Section 357 of the Thai Penal Code criminalizes the act of knowingly receiving, concealing, or disposing of stolen property:
“Whoever receives property, knowing that it is obtained through the commission of an offense, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.”
Even if you didn’t know at the time, circumstantial awareness or recklessness can be enough to trigger legal action.
3. Criminal Liability and the Burden of Knowledge
For a conviction, prosecutors must prove:
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The item was obtained unlawfully
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You received or handled it
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You either knew it was stolen or had reason to suspect it
This third element is key. Thai law allows courts to infer “constructive knowledge” if a reasonable person would have been suspicious in the same situation.
4. When Are You Protected as a Good Faith Buyer?
Thai law recognizes an exemption for good faith purchasers under civil and criminal doctrine. To benefit from this protection:
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You must have bought the item without suspicion
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The transaction must appear ordinary and legitimate
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The seller must seem credible and relevant to the product type
📚 Chulalongkorn Law Journal frequently publishes analyses on good faith transactions and their treatment under Thai civil and criminal law.
5. Legitimate Sources and Marketplace Standards
Purchasing from the following increases your legal protection:
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Retail chains and shopping malls
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Verified online platforms like Shopee Thailand or Lazada
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Recognized electronics hubs, e.g. Fortune Town, Pantip Plaza
Buying high-value goods from individuals in non-commercial settings (e.g. Facebook Marketplace or parking lots) significantly weakens your defense—even if you’re unaware of wrongdoing.
6. Red Flags That Signal Legal Risk
When buying second-hand or discounted items, watch for:
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🔴 Prices that are far below market value
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🔴 Sellers who can’t provide receipts or ownership proof
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🔴 Night-time transactions or isolated settings
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🔴 The seller’s reluctance to share personal or business info
All of these could imply that the goods were stolen or unlawfully obtained.
7. Consequences of Receiving Stolen Property
Legal consequences can include:
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Forfeiture of the item to police or the rightful owner
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Lack of compensation unless purchased with verified good faith
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Criminal charges under Section 357
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Restitution to the original owner if the item is lost or sold
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Imprisonment or fines in case of proven recklessness
In civil terms, ownership cannot be transferred from a thief, so the original owner retains legal rights even if you paid for the item.
8. Case Example: A Parking Lot Phone Deal
Imagine buying a smartphone from a man in a dimly lit parking lot. No receipt. The price is less than 25% of retail. The seller refuses to identify himself.
This situation involves multiple red flags:
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Location = High risk
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Price = Suspiciously cheap
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No proof of origin
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Seller = Unverified individual
Even if you had no criminal intent, a court may find you negligent or recklessly ignorant.
9. Borderline Cases: No Criminal Intent, But Still No Ownership
Let’s say you buy a watch from a friend who isn’t a dealer, or purchase a used laptop from someone at a flea market. If the seller isn’t a regular vendor, or the item isn’t something they usually sell, courts may still void your ownership—even if you’re not criminally charged.
In such cases:
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❌ You may avoid criminal liability
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❌ But you’ll be forced to return the item
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✅ You may get reimbursed if the court finds your purchase was in good faith
📌 The Thailand Law Library provides access to Thai court rulings that clarify how these cases are interpreted.
10. Best Practices for Safe Purchasing in Thailand
To avoid liability and protect yourself legally:
✅ Only buy from verified sellers or established stores
✅ Always ask for receipts or proof of ownership
✅ Avoid deals that seem too good to be true
✅ Document the transaction with messages or screenshots if online
✅ If unsure, consult a licensed attorney in Bangkok
You can also cross-check items such as phones using their IMEI number via databases like Stolen Phone Checker.
11. Legal Summary and Final Thoughts
Buying stolen goods without knowing may still expose you to criminal charges, civil lawsuits, or property loss. The law in Thailand sets a high bar for what qualifies as a good faith purchase, especially for valuable or high-risk goods.
As a lead law firm in Bangkok, we’ve represented numerous clients who faced investigation after unknowingly purchasing stolen goods. In each case, the key question was whether they should have known better.
Due diligence is not just good practice—it’s your legal defense.
🔍 Suggested Reading and Tools
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UNODC Crime Data Portal – For global crime trends
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Stolen Device Database – Check used electronics before purchase
Contact Information
Siam Center Law Group
Website: https://www.siamcenterlawgroup.com
Phone: Available for consultation 5 working days a week
For support with preparing pleadings, submitting court documents, or exploring expedited dispute resolution, our attorneys are ready to assist you with professionalism and clarity.