Overview of criminal law in Thailand?

In these modern days, our society needs to create more rules in order to determine and control the behaviors of people in the society in order to establish penalties for people who break the rules and the goal is  to achieve peace in society; this rule is called “the law”. The law has relationships that cannot be separated from society; the law is a tool to organize the relationship between the government and the citizen or the relationship between within citizen society therefore, considering the development of law, it must be considered with social development. Law can be changed from time to time with various factors therefore social conditions can affect the law as the society becomes more complex, such as a modern society that has continuously increasing complex problems causing to have new laws coming up in order to solve specific and complex problems. Law is used to control people's behavior in society to prevent harm in society and to protect the rights, life and property of people in society. Therefore it is necessary to have rules to punish those who violate the law which also known as “criminal law”.

Firstly, criminal law is a type of public law that establishes relations between states and citizens; there is material content regarding offenses and penalties for violators in order to control the behavior of the person to be within the proper scope. Criminal law prevents people from violating the rights of others and is used to maintain the peace of the country for the people in the country so that they can live together in peace, and no revenge. The government will punish the offenders under the law in which their actions are similar to the states of the word "criminal law". It can be divided into five aspects (according to section 18) such as Execution, Imprisonment, Detain, Adjust, and Forfeiture of assets. The explaination of each items are as follow execution; bringing him to shoot with a gun to death, imprisonment; taken to prison, detention; held in a place other than a prison, such as to be held at the police station, and fine; a payment to the official and forfeiture of property; forfeiting property belonging to the property such as illegal guns.

Secondly, criminal law in Thailand has two important types and the first is an offense which means that it has an act and refraining from doing anything is a crime. The second is the punishment section which means that the provisions aside from specifying that an act or omitting any act is an offense must also set criminal penalties for such offenses. The characteristic of the first criminal law is the law that clearly defines the offense while committing an offense; there must be clearly provided by law that such act is an offense law enforcement officers cannot create new laws to enforce any specific people in the country, such as the law that "burglary is an offense" which will also indicate that anyone who steals is also guilty. And the second is the law that has no retrospective effect if at the time of doing anything there is no law to be wrong. Although a new law was established later that the same act was an offense but in this case it will not apply the new law to the first offender.

            Thirdly, the differences between criminal and civil offenses; there are eight remarkable differences which are criminal offense is an act that causes damage to people in the country where most crimes are considered offenses with land or the people in the country. The civil law is a matter between private and private together, so there is no damage to society [1].The criminal law is aimed at punishing offenders. Therefore, if the offender dies in an investigation, prosecution or punishment shall be extinguished. As for the civil offense, it is a matter of reimbursement of compensation for damage to the property of the person therefore, when the offender dies; the injured party can file a claim for damages from the estate of the offender [2]. Criminal liability is a big consideration in determining the penalty which is due to the offense as provided in Section 59 said "a person is liable to criminal only if committed intentionally unless done negligently. In the case where the law provides for liability when done negligently or except in the case where the law has been clearly provided to be liable even if committed without intent" as for the civil liability whether intentionally or negligently, the offender is liable [3]. Criminal law must be strict because if there is no law, there is no guilt and no punishment will make people commit more wrong because the criminal law has severe penalties. But civil law has no strict interpretation civil law must be interpreted literally or according to the spirit of the provisions of that law. Therefore, to be a civil offense, the court may interpret it extensively [4]. Criminal liability is punishable by the offender to the death penalty, imprisonment, and confiscation of property according to the offender is actions as for civil law, there is no penalty is just forced to pay compensation [5]. Most criminal offenses cannot be settled except for personal offenses or as provided by criminal law admissible offenses such as defamation, embezzlement, etc. For civil offenses, the injured person may exempt the liability by not bringing the case to court or claim the debt [6]. Criminal offense is happened when the offender may have a different liability depending on the nature of the participation. For example, if a person committing an offense is considered a principal if just helping, it may just be wrong as a supporter. As for civil offenses those who jointly create debt, make a breach of the contract make a breach throughout the help. They must be jointly liable with creditors or those who have suffered damage as well [7]. Criminal liability is the punishment of the offender in order to treat the damages of that occurs for the community as a whole, so that the offender to become a prisoner and to change the mind and become a good person. This is also used to prevent other people to follow the offender who will become a prisoner [8]. As for civil liability, the law is aimed to treat any damage to a specific private individual which may be damaged to life, body, mind, liberty, reputation, and property regardless of the type of damage. The law wanted him to be compensated for such damage and restore to the original condition as much as possible.

In conclusion, criminal law is one of the types of public law which is used to determine by government in order to force the people to do right things and maintain the pace of the country. For example, the case of Thai Criminal law it can be divided into two section; first section is an offense which means that it has an act and refraining people from doing anything that is a crime, and the second section is the punishment section which means that the provisions aside from specifying that an act .The characteristic of first criminal law must be clearly defined the offense. The second criminal law is the law that has no retroactive effect. Although later a new law was established that the same act is wrong but however there are eight remarkable differences between Criminal law and Civil law which indicated that the criminal offense is an act that causes damage to people in the country. The criminal law is aimed at punishing offenders therefore, if the offender dies in an investigation; criminal liability will have a big consideration in determining the penalty, and that criminal law must has strict punishment but in the other hand civil law must be interpreted literally or according to the spirit of the provisions of that law, Criminal liability is punishable according to law, and that many criminal offenses cannot be settled except for personal offenses or as provided by criminal law.

 

 

      Panfun     Choktrongkankit      61100484   section1

                                          Chollasit  Pattanasupavanich  61100457    section1

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