Incorporating the Biological Vulnerability and Dependency of Victims as an Aggravating Factor in Assault Offenses under the Thai Penal Code

Abstract

This research aims to (1) study and analyze the issues concerning aggravating factors related to the victim under Section 296 in conjunction with Section 289 of the Thai Penal Code; (2) comparatively analyze the treatment of assault offenses that incorporate victim-related factors as aggravating circumstances under the laws of Thailand and selected foreign countries; and (3) propose amendments to the Penal Code that incorporate biological vulnerability of the victim as an aggravating circumstance in assault offenses.

The study found that Sections 296 and 289 of the Thai Penal Code, which govern serious forms of assault, do not consider the biological vulnerability of the victim as an aggravating factor. However, when compared with the criminal codes of other countries—namely the United States, the French Republic, the Federal Republic of Germany, the Netherlands, and Vietnam—it is evident that these jurisdictions provide special protection for biologically vulnerable victims and consider such vulnerability as an aggravating factor in assault offenses. The researcher therefore recommends amending the relevant provisions of the Penal Code to include the biological vulnerability of the victim as a serious circumstance and to impose harsher penalties accordingly. This would enhance the effectiveness of punishment as a deterrent—one of the core principles in preventing and controlling crime.