Appropriate Punitive Measures for Persons Aged 15–20 Who Repeatedly Commit Heinous Crimes

Abstract

This research consists purposes were 1. to examine the concepts, theories, and principles of criminal proceedings against persons aged over 15 but not more than 20 years who commit repeat offences 2. to study and compare legal measures concerning appropriate punishment measures against persons aged over 15 but not more than 20 years who commit repeated serious crimes 3. to analyze the problems relating to appropriate punitive measures for persons aged over 15 but not more than 20 years who commit repeat heinous crimes, and 4. to study and recommend related to appropriate punitive measures of such persons. This qualitative research employed a documentary study by searching for and compiling information from legal textbooks, academic articles, journals, research papers, theses, study reports and relevant Acts of Parliament. The collected data from these various documents were then analyzed using content analysis. The findings show that 1) The concepts, theories, and principles of criminal proceedings against persons aged over 15 but not more than 20 years who reoffend focus on identifying the causes of recidivism and on rehabilitation to encourage reform 2) A comparative study found that Thai criminal law prioritizes the age of the offender rather than the crime committed, whereas Singapore, Canada, France, and Japan emphasize the seriousness of the crime, such that even juvenile offenders may be punished in the same manner as adults 3) The Thai Criminal Code provides for courts to reduce sentences for persons over 15 but under 20 years of age who commit repeated serious offences, which is both mandatory and discretionary. In addition, there is a statutory prohibition on increasing the penalties for offenders under 18 who reoffend, regardless of the charges or offences, which results in an inability to impose punishments commensurate with the gravity of the crimes and 4) It is therefore proposed that the Criminal Code be amended on the punishment of such persons so as to be appropriate to present circumstances.