The process of judicial proceedings of the Juvenile and Family Court in cases where child and juvenile commit serious criminal offenses under the laws of Thailand

Abstract

            The process of judicial proceedings in the Juvenile and Family Court must be based on child and juvenile as the center. Furthermore, it is inconsistent with “best interests of the child” policy. When considering the provisions of section 97, paragraph two of Juvenile and Family Court and Procedure Act B.E. 2553 (2010) that grants power to the Juvenile and Family Court transferred the child and juvenile offender's case to a serious criminal offense to be considered in a court with ordinary judicial power still lacking definite criteria which directly affects the rights of child. In addition, It has been considered that the transferred cases from Juvenile and Family Court to Court with ordinary judicial power is regarded as more of a punishment for juvenile rather than rehabilitation. Moreover, it causes harmful effect on juvenile and does not cause social benefits. Therefore, in practice, there is no evidence that the Juvenile and Family Court has adopted the 97 paragraph two comes into force.

Thus, in order to protect the rights of child and juvenile to be considered and judged correctly is fair and appropriate and is consistent with the goal of prosecuting child and Juvenile truly. The author commented that should cancel the provisions of Section 97, paragraph two and using the tools to deal with child and juvenile who commit serious criminal offenses as stipulated in Juvenile and Family Court and Procedure Act B.E. 2553 (2010), section 142, chapter12, Commutation and Application of Measure for Child or Juvenile without the need to transfer the case to the court with ordinary judicial power. The reason is child and juvenile to not have stigma as criminals and can return to live as a good citizen of the society in the future which is in line with the spirit of Juvenile and Family Court and Procedure Act B.E. 2553 (2010) as well as creating benefits for Thai society.

Keywords:  The process of judicial proceedings in the Juvenile and Family Court, Best interests of the child