The Designation of Aggravated Circumstances for Assault Against the Elderly

Abstract

This research consists purposes were 1. to study the principles, concepts, theories and principles concerning the protection of the life and body of the elderly in cases of physical abuse against the elderly 2. to study the elements of the offense and aggravating circumstances for increased penalties in cases of physical abuse against the elderly under the Penal Code of Thailand and other countries 3. to compare the concepts, theories, principles, and criminal law measures in Thailand and other countries concerning the protection of the life and body of the elderly in cases of physical abuse against the elderly and 4. to propose criminal measures to protect the elderly from physical abuse under the Penal Code by studying relevant principles, concepts, and theories, as well as comparing Thai and foreign laws. This is a qualitative research study conducted through documentary research of related sources, including textbooks, theses, academic documents, articles from legal journals, printed magazines and information from internet networks related to legal measures on the offense of bodily harm against the elderly under the Penal Code. The data collected from these related documents were then analyzed through content analysis. The study found that 1) The concept of natural vulnerability the elderly has physical decline, slow movement or dementia and cannot protect themselves as effectively as other age groups. Therefore, specific laws are needed to protect individuals who cannot help themselves, as well as the concept of crime prevention and deterrence, using higher penalties to deter perpetrators from repeating violence. 2) Violence against the elderly has received significant social attention as a serious problem. In an aging society, violence against the elderly can take many forms, such as physical, psychological and emotional violence, sexual violence and exploitation or financial gain. This includes neglect, whether intentional or unintentional, which causes suffering. The causes and factors contributing to offenses against the elderly include. 3) Offenses against the elderly are punishable under the Penal Code, which lacks provisions for aggravated acts. This results in the elderly suffering immensely from the abuse, impacting their lives, potentially for life. This contradicts the principle of respecting the elderly, a long-standing Thai tradition and 4) The researcher recommends amending the Penal Code, Part 2, Chapter 1, Offenses against Life Chapter 2, Offenses against the Body and Part 3, Minor Offenses, to define the term elderly in accordance with the proposed amendments. Specifically, the amendments should classify physical abuse of the elderly as an aggravated act to protect the rights to life, physical integrity and health of the elderly, preventing such violations and suppressing crimes against them.