Punishment Measures for Children and Youth According to the Criminal Code and the Juvenile and Family Court and Procedure Act B.E. 2553

Abstract

This research consists purposes were 1. to examine the background, concepts and theories underlying the juvenile justice system 2. to study criminal penalties and criminal liability in Thailand and selected foreign jurisdictions, namely the United Kingdom, the United States of America, the French Republic and Japan 3. to analyze legal problems related to punitive measures and the juvenile justice process and 4. to propose recommendations for improving laws governing juvenile offenders in order to enhance legal clarity and ensure the protection of individual rights as prescribed by law. This study employed a qualitative research approach using documentary research methods. The data were collected from criminal law materials and the Juvenile and Family Court and Juvenile and Family Procedure Act B.E. 2553 (2010), including books, articles, academic journals, news reports, research studies, theses, and related academic works. In addition, foreign laws and relevant scholarly publications in both Thai and foreign languages were reviewed. The data were obtained from documentary sources and online databases. The data collected from relevant documents were analyzed using content analysis The study found that 1) Historically, society did not perceive children and youth as likely to commit crimes; therefore, specific punitive measures for them were not established. Over time, however, the increasing incidence of juvenile offenses led to the recognition of the need for appropriate sanctions. While the fundamental purpose of criminal law is to deter crime through punishment, the application of such principles must be contextualized to align with the unique values and social structures of each country. This reflects the understanding that legal systems should be tailored rather than uniformly applied across all nation 2) The punishment and criminal liability measures of Thailand and foreign countries study classified the study into four topics. In England, the United States, the Republic of France, and Japan, the similarity is considering the crimes of violence committed. The principle of intent consists of age from the United States, especially in North Carolina. The lowest age limit of 6 years can be criminalized if they commit a serious and conscientious crime and can apply criminal punishment to children and youth who commit crimes, unlike Thailand 3) Thailand places more emphasis on age than on the type or severity of the offense when determining punishment, often favoring protective rather than punitive measures and 4) It is recommended that courts consider the seriousness of the offense, repeat offending, intent and age in determining appropriate penalties.