The Legal Issues Concerning the Judicial Process and The Enforcement of Criminal Penalties for Children and Juvenile

Abstract

This research consists purposes were 1. to study the importance, meaning, concepts, theories, and principles related to the trial and punishment of children or juveniles 2. to conduct a comparative study of legal measures concerning the criminal justice process for children and juveniles in Thailand and other countries 3. to examine and analyze legal problems related to the trial and punishment process for children and juveniles and 4. to propose solutions to improve such processes. This study employs a qualitative research approach, drawing on documentary sources such as books, textbooks, theses, academic articles, research reports, statutory laws, Supreme Court judgments, and other relevant documents. The data were collected from both domestic and international sources and analyzed using content analysis. The content analysis revealed that 1) the trial and punishment of children or juveniles constitute a sensitive process grounded in human rights principles and the philosophy of rehabilitation, aiming to ensure that children can reintegrate into society as responsible citizens 2) the criminal justice process for children and juveniles in Thailand and abroad differs significantly in terms of legal enforcement and procedural safeguards 3) the Juvenile and Family Court Act and Juvenile and Family Procedure Act B.E. 2553 (2010) and the Penal Code still contain certain legal gaps concerning the procedures for bringing children into the justice system, resulting in inadequate protection under international standards and 4) these laws including the Criminal Procedure Code should be revised and improved, particularly in areas related to appeals, protection of child and juvenile offenders, and the authority and duties of officials. Such reforms are necessary to ensure that Thailand’s juvenile justice system aligns more closely with human rights principles and international norms.