LEGAL MEASURE TO PROTECT OLDER PERSON FROM CRIMINAL OFFENSES

Abstract

Introduction: Thailand currently has approximately 14.24 million older persons, accounting for 22% of the total population. This demographic profile reflects Thailand’s status as a fully aged society and has direct implications for the protection of older persons’ lives, property, and bodily integrity. Objectives: 1) examine concepts, theories, criminal-law principles, and elderly-protection principles relevant to safeguarding older persons from criminal offences; 2) analyse and compare legal measures for protecting older persons from criminal offences in Thailand and selected foreign jurisdictions; and 3) propose guidelines for developing or revising legal measures to protect older persons from criminal offences. Method: This study employed doctrinal legal research and qualitative research methods. Data were analysed through legal content analysis and comparative analysis. Documentary sources were selected based on their relevance and credibility and included Thai statutes, judicial decisions, foreign legislation concerning criminal offences against older persons, academic documents, journal articles, and scholarly articles and theses retrieved from specialised databases using keywords such as offences against older persons and elder abuse. Results: The findings revealed that: 1) the Thai Penal Code does not recognise a victim’s age or status as an older person as an aggravating circumstance for sentencing in criminal offences, including offences against life and bodily integrity under Section 295 and property offences. Consequently, the prescribed penalties are identical regardless of whether the victim is an older person or a member of the general population. 2) Under Sections 289 and 290 of the Thai Penal Code, which concern aggravated murder and assault resulting in death, respectively, increased penalties are recognised only in circumstances such as offences committed against public officials or offences involving torture or cruel treatment. The victim’s age is not considered an aggravating factor. 3) Although Sections 276 and 278, concerning rape and indecent acts, provide enhanced penalties based on the victim’s age in cases involving children, Thai law does not provide enhanced penalties when the victim is an older person. Accordingly, rape against an older person is subject to the same penalty range as rape against an adult generally. Conclusion: The Thai Penal Code does not treat a victim’s age or status as an older person as an aggravating circumstance for criminal offences against life and bodily integrity, property, or sexual autonomy. Therefore, offences committed against older persons are generally subject to the same penalties as comparable offences committed against the general population, indicating a need to review and strengthen legal measures that specifically protect older victims.