The Problem of Protecting the Rights of Children who are Accused in Criminal Cases

Authors

  • Pareena Kaewnet Master student of Laws Sukhothai Thammathirat Open University

Keywords:

Children's Rights, Alleged Offender, Criminal Case

Abstract

This research consists purposes were 1. to study the importance, meaning, concepts, theories and principles related to the prosecution of children suspected in criminal cases 2. to study legal measures to protect the rights of child suspects in criminal cases in Thailand, Foreign law such as the French Republic, United Kingdom, United States and international law 3. Analyze the problem of protecting the rights of children who are accused in criminal cases and 4. to Propose solutions for solving the rights protection of children accused in criminal cases. This is qualitative research by studying related documents, such as books, textbooks, a thesis, academic articles, research papers, legal texts, Supreme Court judgments, and related information on the Internet both in Thailand and abroad to analyze the content. The results of the study found that 1) The criminal justice system for children is followed when minors accused of crimes are being investigated and prosecuted. Concepts in criminal law and philosophy of punishment theories concerning the elements of criminal investigation and the criminal justice system 2) Protection of children's rights in criminal situations in accordance with international law, Thai law, French law, United Kingdom law, and American law there are variations in terms of both arrests and the length of custody, investigations and penalties meted out to youngsters, etc. 3) Family and Juvenile Court Act (B.E. 2553) and the juvenile and family court With regard to the legal system for prosecuting juveniles, there are certain gaps. As a result, genuine universal laws do not safeguard children and 4) The Juvenile and Family Court Act, the Juvenile and Family Procedure Act, B.E. 2553, and the Criminal Procedure Code should all be amended and improved in regards to matters like child arrest detention, investigations, and sanctions, among other things.

Author Biography

Pareena Kaewnet, Master student of Laws Sukhothai Thammathirat Open University

Master student of Laws Sukhothai Thammathirat Open University

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Published

2024-03-04