Problems in Mediating Disputes to Provide Relief to Victims in Criminal Cases in the Juvenile and Family Court

Abstract

This research aims to enhance knowledge and understanding of redress for  victims in criminal cases through mediation, which has characteristics of alternative dispute resolution processes to foster social harmony. This process, also known as restorative justice, is used by the courts in their adjudication processes. Restorative justice is a practical approach to redress victims or mitigate adverse consequences in cases where criminal offenses have occurred, particularly where the perpetrator is   a child or juvenile with a maturity lower than that of an adult or a person of legal age. For this reason, the government has enacted specific laws related to children and juveniles for use in adjudication, including the Juvenile and Family Court and Juvenile and Family Procedure Act B.E. 2553 (2010) and related laws, such as the Child Protection Act B.E. 2546 (2003) and the Domestic Violence Victims Protection Act B.E. 2550 (2007).

            Research findings indicate that restorative mediation is a dispute resolution process within the restorative justice process. It is used in criminal mediation proceedings in the Juvenile and Family Court. This approach utilizes the victim's claim for damages or compensation as stipulated in Sections 43 and 44/1 of the Criminal Procedure Code. This approach provides avenues for victims who have suffered damages resulting from the defendant's offenses. These include nine property offenses: theft, snatching, robbery, robbery, piracy, extortion, fraud, embezzlement, and receiving stolen property. However, restorative mediation is not limited to these nine criminal offenses. Other criminal offenses are subject to settlement. If settlement is possible, claims for compensation for damages resulting from the offense can also be brought into restorative mediation.

            Restorative justice is a concept that understands the suffering and suffering experienced by victims, encouraging the government to provide more care and empathy than relying on criminal justice, which focuses on punishing defendants appropriately for the crimes committed. Restorative justice seeks to simultaneously heal and rehabilitate both defendants, victims, and communities. The victim is not the only one harmed by the defendant's actions; the community or other members of the community where the offense occurred are also affected. In addition, restorative justice attempts to compensate victims for tangible damages, such as monetary compensation, property restitution, or compensation for property lost by the victim. This compensation may include treatment for injuries or medical expenses. However, restorative justice must also address intangible damages, such as emotional and psychological, with the goal of preventing the defendant from reoffending in the future and preventing the victim from repeating the same offense.

                This study shows that, within the legal context that facilitates victims' right to claim compensation because they are directly affected by the actions of children or juveniles, it is fundamentally understood that children or juveniles, being minors, are disadvantaged in terms of earning capacity or intellectual abilities that are not on par with adults. When victims may Whether or not they received appropriate compensation, the government may review and revise the provisions of the law to be more welfare-oriented and progressive in line with modern society. This could include considering the appointment of relevant agencies to assist victims who cannot receive adequate compensation from children, youth, or their families. Furthermore, the law itself could undergo public hearings or referendums to ensure it aligns with and does not conflict with the provisions of the constitution.