Aggravating Circumstances in Offenses Against Life and Body Based on Discrimination on the Grounds of Gender Diversity

Abstract

This research consists purposes were 1. to study the conditions, problems, and severity of crimes with special motives due to discrimination based on sexual diversity in offenses relating to life and body 2. to study criminological concepts and theories regarding motives arising from discrimination based on sexual diversity 3. to study and comparatively analyze the limitations of the provisions of the Penal Code regarding the punishment of offenders with special motives driven by discrimination based on gender diversity in offenses relating to life and bodily harm under Thai and foreign laws and 4. to propose guidelines for amending the Penal Code to prescribe aggravating circumstances for offenses relating to life and body caused by special motives due to discrimination based on sexual diversity. This is a qualitative study employing documentary research and comparative legal research as its principal methods. Then, analyze the data collected from the relevant documents using content analysis. The results of the research revealed that 1) the study of conditions, problems and severity indicates that crimes with special motives based on sexual diversity in offenses relating to life and body are increasingly severe and profoundly impact victims and society 2) the study of criminological concepts and theories regarding motives arising from discrimination based on sexual diversity found that wrongful acts committed with such motives aim to destroy identity and human dignity, presenting a severity distinct from general crimes 3) the analysis of limitations in the provisions of the Penal Code found that current laws cannot effectively address these issues because they focus solely on the consequences of offenses while neglecting underlying motives and 4) the researcher proposes guidelines for amending the Penal Code by prescribing that the commission of an offense by reason of discrimination based on sexual diversity shall be an aggravating circumstance in offenses relating to life and body, thereby ensuring that penalties are proportional to the severity of criminal intent.