The Development of the Law on the Lèse-majesté of the King from the Phra Aiyakan Aya Luang to the Penal Code

Abstract

This article has the objectives 1) to study the law on lèse-majesté from the King of the Criminal Code to the Penal Code 2) to study the development of the lèse-majesté law from the King of the Criminal Code to the Penal Code and 3) to present suggestions for the development of the lèse-majesté law in the Penal Code. The research model is a qualitative research by using the concept of sociology of law as a research framework. Sample is Phra aiyakan aya luang, The Royal Decree on the nature of defamation by speaking false words, writing advertisements, Rattanakosin era 118, Criminal law Rattanakosin era 127 and the Criminal Code. There are 1 type of research instruments which are document research. Data were analyzed using content analysis and descriptive writing.

The result of the research shows that

1. 1. The change of the lèse-majesté law is protection and gives importance to the monarchy with social dynamics and adjusted to be in line with the balance of the national society.


2. 2. The consequences of changes to the lèse-majesté law and the penalty of social change, resulting in respect for the monarchy, both in terms of perspective and the feelings of Thai people.


3. 3. Suggestions on knowledge of sociology of law on issues of development of lèse-majesté in Thailand, is appropriate to review the penalty rate to be suitable for the changing period by studying the social, political and freedom conditions of the people which are more respectively.

The findings from this research is a discovery based on the concept of sociology of law in the nature of good law. It can be used to study criminal trials based on the lèse-majesté law or continue to study the impact of the lèse-majesté lawsuit on Thai society.