Criminal Law Enforcement of Capital Punishment Against Pregnant Women

Abstract

This academic consists purposes to present the criminal proceedings concerning the criminal law enforcement of capital punishment against pregnant women. The study utilizes the Criminal Procedure Code as a framework, incorporating penal theories and international law, while providing a comparative analysis between foreign and Thai laws. Furthermore, it analyzes legal issues surrounding the criminal law enforcement of capital punishment against pregnant women. The findings reveal that Section 247, Paragraph Two, of the Criminal Procedure Code stipulates that if a pregnant woman receives a final judgment of the death penalty, her sentence shall be commuted to life imprisonment. While this provision aligns with international standards and foreign laws, a critical issue remains: if the pregnant defendant gives birth prior to the final judgment, she is excluded from the protection of this provision. Consequently, she remains subject to capital punishment without the benefit of commutation to life imprisonment. Therefore, the author proposes an amendment to Section 247, Paragraph Two, of the Criminal Procedure Code to ensure genuine justice.