Foreigners' RIGHTS Under Thai law Seminar PART TWO

The second part was on the CRIMINAL LAW in Thailand. I just encoded the texts from the hard copies distributed during the seminar.


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How to determine whether an act of a person be criminally liable?

 Criminal offence is constituted upon the following four factors are completely accomplished:

           1.  There is an ACT occurred.
           2.  The act shall constitute the  completion  of outer elements of the offence:
         
                               2.1  The ACTOR
                               2.2  The ACTION
                               2.3  The OBJECT of the action

           3.  The act shall be done under the INTENTION of the actor.

                               3.1  Desired Effect Intention
                               3.2  Foreseeable Effect Intention

           4.  The Causation

                       -The effect of an act is relative to the said act


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                                   1.  THE ACT

                        A person shall be criminally liable only when such person commits an act intentionally. To commit an act intentionally is to do an act consciously. ( Section 59 of the Criminal Code)

                                           CRIMINAL CODE

  *  Section 295 " Whoever, cause injury to the other person in body or mind is said to commit bodily harm and shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand baht or both."

            

  *  Section 73 " A child not over ten years of age shall not be punished for committing what is provided by the law to be an offence."

 ----An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

 2.  The act shall constitute the completion of outer elements of the offence.

                               2.1 The Actor

                                          2.1.1  The Direct Actor

                                   

                                          2.1.2  The Indirect Actor

                              2.2  The Action

           Any action shall be deemed a criminal act when it is done in the last manner.

                              2.3  The Object of the Action

 *  Section 288 " Whoever  murdering the other person shall be punished with death, imprisonment for life, or imprisoned as from fifteen years to twenty years. "

  * Section 334 " Any person dishonestly taking away the thing of another person or the thing which the other person is a co-owner is said to commit the offence of theft, shall be imprisoned not out of three years and fined not out of six thousand baht. "

    3.  The ACT shall be done under the INTENTION of the ACTOR.

    * Section 59 " A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

        To commit an act unintentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing. If the doer does not know the facts constituting the elements of the offence, it can not be deemed that the doer desired or could have foreseen the effect of such doing. "

   * Section 60 " Whenever any person intends  to commit an act against a person, but the effect of the doing of such act occurs to another person through a slip, it shall be deemed that such person intentionally commits such act against the person who suffers from the bad effect of such doing."

                   3.1.  The ACTUAL INTENTION

                                       3.1.1    The desired effect intention

                                       3. 1.2   The  foreseeable effect intention 

                   3.2   The LEGAL INTENTION ( Slip Intention)

  * Section 297 " Whoever commits bodily harm, and thereby causing the victim to receive grievous bodily harm, shall be punished with  imprisonment of six months to ten years.

          Grievous bodily harm are follows:

        1. Deprivation of the sight, deprivation of the hearing, cutting off the tongue or loss of the sense of smell.

        2. Infirmity or illness causing the sufferer to be in severe bodily pain for over twenty days or to be unable to follow the ordinary pursuits for over twenty days.

                                      NEGLIGENCE

 A committed act without exercising such care as might be expected from a person under such condition and circumstances and the doer could exercise such care but did not do so sufficiently.

  * Section 291 "  Whoever doing the act by negligence and that act causing the other person to death, shall be imprisoned not out of ten years or fined not out of twenty thousand baht."

   * Section 390 " Whoever causing bodily or mental harm to the other person by negligence, shall be imprisoned not out of one month or fined not out of one thousand baht or both. "

    * Section 225  " Whoever causing fire by negligence and causing thing belonging to the other person to be damaged, or likely to cause damage to the life of the other person shall be imprisoned not out of seven years or fined not out fourteen. "

                                       4. CAUSATION

                                       The effect of the act shall  be related  to the act. If there is no such act, the effect does not occur. It is said that such occurrence of the effect is related to the act. On the other hand,even there is no such act, the effect still occur, it can't be said that the effect is related to the act.