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45. Section 44/1 of the Criminal Procedure Code and Section 420 of the

Civil and Commercial Code guarantee the right of an injured person to

submit to the Court a request for compensation for the loss and damage

to his life, body, reputation or property caused by the commission of a

criminal offence in accordance with Article 14 of the Convention.

However, the offender is usually not in a position to pay for the

compensation. Therefore, the Act on Restitution for Injured Persons and

Compensation and Expenses for the Accused in Criminal Cases was passed

in 2001 to give effect to the right of persons suffering injuries from a

criminal offence committed by other persons whose injuries may not be

remedied by other means to appropriate restitution as guaranteed in the

Constitution in force at the time. The right of the injured person to remedy

is confirmed in Section 32 of the current Constitution.

46. There are, however, some limitations on the request for restitution by

the injured person in a criminal case in accordance with the 2001

Restitution Act. A request for restitution is limited only to persons affected

by certain criminal acts, i.e. sexual offences (Sections 276-287 of the

Criminal Code) and offences against life and body (Sections 288-308). The

restitution that the injured person is entitled to includes: (1) medical

expenses including those actually paid for physical and mental

rehabilitation worth not more than 50,000 baht; (2) compensation for loss

of earnings due to inability to work of not more than 200 baht per day; (3)

compensation for the loss of life of the injured person and funeral

expenses of not more than 120,000 baht and compensation for those

deprived of support caused by the death of the injured person of not