Introduction of Juvenile Delinquency in Thailand 泰國少年犯罪介紹
In Thailand, juvenile delinquency is regulated under Act on Establishment of Juvenile Court B.E. 2494 (1951) and Juvenile procedure Act B.E. 2494 (1951), and is decided by Juvenile Court and Central Child Observation and Protection Centre (OPC).
Below are regulations under Thai Criminal Code for children committing crime:
Ø Section 73:A child not yet over ten years of age shall not be punished for committing what is provided by the law to be an offence.
Ø Section 74: A child over ten years but not yet over fifteen years of age commits what is provided by the law to be an offence, shall not be punished, but the Court shall have the power as follows:
1. To admonish the child and then discharge him; and the Court may, if it thinks fit, summon the parents or guardian of the child or the person with whom the child is residing to be given an admonition too;
2. If the Court is of opinion that the parents or guardian are able to take care of the child, the Court may give order to hand over the child to his parents or guardian by imposing the stipulation that the parents or guardian shall take care that the child does not cause any harm throughout the time prescribed by the Court, but not exceeding three years, and fixing a sum of money, as it thinks fit, which the parents or guardian shall have to pay to the Court, but not exceeding one thousand Baht for each time when such child causes harm.
If the child resides with a person other than his parents or guardian, and the Court does not think fit to summon the parents or guardian to impose the aforesaid stipulation, the Court may summon the person with whom the child resides for questioning as to whether or not he will accept the stipulation similar to that prescribed for the parents or guardian as aforesaid. If the person with whom such child resides consents to accept such stipulation, the Court shall give order to hand over the child to such person by imposing the aforesaid stipulation.
如果孩子與父母或監護人以外的其他人同住，而法院認為不適宜傳召父母或監護人施加上述規定，則法院可以傳喚該孩子居住的人以詢問是否或 他不會接受與上述父母或監護人所規定的相似的規定。 如果與該孩子同住的人同意接受該規定，法院應通過施加上述規定，下令將該孩子移交給該人。
3. In case of the Court hands over the child to his parents, guardian or to the person with whom the child resides according to (2), the Court may determine the conditions for controlling behavior of the child in the same manner as provided in Section 56 also. In such case, the Court shall appoint a probation officer or any other official to control behavior of the child;
如果法院根據第 (2) 將孩子分配給其父親，監護人或孩子所居住的人，則法院還可在這種情況下規定第56條規定的控制孩子行為的條件 說這個 法院應任命一個緩刑官員或任何其他僱員進行這種兒童行為。
4. If the child has no parents or guardian, or has them but the Court is of opinion that they are unable to take care of such child, or if the child resides with a person other than the parents or guardian, and such person refuses to accept the stipulation mentioned in (2), the Court may give order to hand over such child to a person or organization, as the Court thinks fit, to take care of, to train and to give instruction throughout the period of time prescribed by the Court when consented to by such person or organization. in such case, such person or organization shall have the same power as that of the guardian only for the purpose of taking care of, training and giving instruction as well as determining the residence and making arrangement for the work to be done by the child, as may be reasonable; or
如果孩子沒有父母或監護人，或者沒有父母或監護人，但法院認為他們無法照顧該孩子，或者該孩子與父母或監護人以外的人同住，並且該人拒絕接受 根據第(2)款的規定，法院可在法院規定的時間內下達命令，將其送交法院認為合適的個人或組織，以照顧，培訓和提供指示 經該人或組織同意。 在這種情況下，該人或組織應僅具有照料，培訓和指導以及確定兒童的住所和安排的目的，才具有與監護人相同的權力， 可能是合理的； 或者
5. To send such child to a school or place of training and instruction or a place established for training and giving instruction to children throughout the period of time prescribed by the Court but not longer than the time when such child shall have completed eighteen years of age.
Ø Section 75: Whenever any person over fifteen years but not yet over eighteen years of age commits any act provided by the law to be an offence, the Court shall take into account the sense of responsibility and all other things concerning such person in order to come to decision as to whether it is expedient to pass judgment inflicting punishment on such person or not. If the Court does not deem it expedient to pass judgment inflicting punishment, it shall proceed according to Section 74, or if the Court deems it expedient to pass judgment inflicting punishment, it shall reduce the scale of punishment as provided for such offence by one-half.
Ø Section 76: Any person which is above the age of eighteen years of age but not over twenty years of age which commits an act as prescribed by the law to be an offence, if the Court to deem expedient may reduce the scale of the punishment as provided for such offence by one-third or a half.
In addition, normally a child won’t be arrested unless he/she is caught at the crime scene or the injured person’s insistence. Once the police is in charge of this case, OPC, the parents or guardians of the child should be notified. Also, during the investigation, the child will be detained at police station at OPC.
Once the investigation is completed, the case will be passed to Juvenile Court. The trail is private, and a legal adviser will be appointed instead of a lawyer.
IBC Firm is formed by highly talented and progressive lawyers, financial advisors and accountants. Our partners were all graduated from well-known universities in Thailand, the United Kingdom, the United States, Australia and Japan. Our alliance firms include firms in Taiwan, Japan, Singapore, America, Australia, France and South Africa, majoring in law, finance, investment, taxation and accounting, fluent in Chinese, Thai, English and Japanese. Our lawyer is also the legal advisor from Taipei Economic and Culture Office in Thailand (“TECO”).
Following is juvenile cases procedure
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