TORT LIABILITY OF OFFICIALS : CONCEPTS, PRINCIPLES, AND PROCEDURES

Abstract

This article aims to present concepts, criteria and procedures when officials commit violations against government agencies or external individuals due to the officials' misconduct. Since officials’ torts are subject to related laws, including the Officials’ Tort Liability Act B.E. 2539 and several other laws, it was found that in cases of torts in the performance of duties, officials must pay compensation only when they act intentionally and with gross negligence. This can be divided into two cases. Firstly, in cases where officials commit torts against government agencies, the government agency must exercise its right to claim compensation within a two-year statute of limitations from the date the government agency becomes aware of the tort and the official who is liable to pay compensation. Secondly, in cases where the government agency decides that the official is not liable but the Ministry of Finance has investigated and arbitrates that he/she is liable, the right to claim compensation has a one-year statute of limitations from the date the government agency issues an order in accordance with the verdict of the Ministry of Finance but it must not exceed ten years from the date the tort was committed. In cases where officials commit torts against external individuals, the government agency has the right to demand that the official pay compensation within a one-year statute of limitations from the date the government agency pays compensation to the injured party. In addition, when a government official dies, the estate, as well as all rights, duties and liabilities, the right to claim for a tort that is not truly personal to the deceased is subject to the heirs. Therefore, the right to claim must be enforced according to the statute of limitations for inheritance. ...