Thai Law Database Online

Omission to Act under Thai Laws                 

Principle of Criminal law is that a person shall be criminally liable only when such person commits an act intentionally.  However, an omission to act can become criminally liable as well. How come people are criminally liable without do nothing!

Let’s see example

1. Peter is walking near a river, and suddenly a boy is drowning. Peter can help him, but he just ignores him. The boy finally is dead.
2. Unfortunately, the boy drowning is Peter’s son. He does not like him, so he just ignores him. The boy is dead.

Should Peter be criminally liable? If this situation happens in real life, I believe that almost everyone would like to see some punishment to Peter.

For the first example, Peter is criminally liable for a petty offence while the second one, Peter is considered as a murderer, and he shall be punished with death, imprisonment for life, or imprisoned as from fifteen years to twenty years. What make him get a big different punishment while he did nothing at the same situation? Under law, Peter has acted by omission, and his duty will lead him to the degree of punishment. In the first example, Peter has no duty to protect a boy’s life. It’s just a general duty of a good person to help people while Peter in the second one has a specific duty to protect his son according to Section 1564 of Civil and Commercial Law stating that Parents are bound to maintain their children and to provide proper education for them during their minority.

Therefore, an act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

A specific duty to prevent some consequence may occur from different cases, such as

1. The duty from legitimate law

Law provides clearly that people has a duty to do, such as Civil and Commercial Code, Section 1563 “Children are bound to maintain their parents”

For example, a son does not give food and water to his old father who cannot move himself until the father dies. This omission to act is not different from the son shoots his father by himself.

      2.    The duty from specific acceptance

Such as, a nursery nurse, a person who takes care of the safety of pool service user

      3.     The duty form previous acts

For example, a man takes a blind to cross the street, but he leaves the blind at the halfway in order to get on the bus. The blind is bumped by a car. The man is criminal liable as the person who causes bodily harm because he has a duty to take the blind to the other side of the street. His duty is not completed.

      4.     The duty from special relationship

A man and a woman are not married legally, but both stay together as husband and wife. Although their duties are not bound by family law, they have to help each other.

 So, when we talk about the omission to act under Thai law, we have to focus on the duty. If the person has a specific duty to do to prevent consequence, he does not do so. He is criminal liable by his omission. On the contrary, if his duty is general duty, he may be punished for a petty offence.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

Two weeks ago, police officers found 2002 dead baby in a temple in Bangkok. Most babies were died by abortion.  I was shocked! I know well that abortion clinics are around in Bangkok, but I never think the degree of abortion is such very high. Poor Thailand! I do not think that Thai abortion law is weak or needs some alteration, but I think girls or women should learn and understand the word “Mother.”

Under Criminal Law, section 301 states that any woman, causing herself to be aborted or allowing the other person to procure the abortion for herself, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Some people may think that the men should be imprisoned too because he is a part of giving a birth. Some men are selfish and run away immediately from the women when they know that the woman is having a baby. I partly agree. But unfortunately, the law does not provide a charge for such bad guys. In my view, nobody can force a pregnant women to cause herself to be aborted, except her herself. Only the pregnant women can decide whether a baby will be alive or not.

In addition, whoever procures abortion for a woman whether the woman gives consent or not shall be punished with imprisonment. Absolutely, a doctor shall go to jail. Furthermore, if an abortion by a doctor or any person causes other grievous bodily harm to the woman, the offender shall be punished with longer imprisonment.  For example, if the abortion goes bad, the woman becomes infirmity or chronic illness which may last throughout her life.

However, there is still an exception for lawful abortion. If the abortion is committed by a medical practitioner, and;

1. It is necessary for the sake of the health of such woman; or
2. The woman is pregnant on account of the commission of the offence as provide in Section 276, 277, 282, 283, or 284; the offender is not guilty.

For example, the woman is raped. Again, the law protects a baby’s life. So, even though a baby does not have a hand or a leg, a mother cannot cause herself to be aborted

Lastly, abortion would not happen if both men and women are ready to have their own family.

If you really want to see how abortion is, follow the site below (No Censored)

http://www.jabchai.com/main/view_joke.php?id=5664

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

Rights of the accused under Thai Criminal Procedure Law  

            Nothing in the World is certain, even your life. You may involve in a crime easily by walking near a murder scene at night or carrying a bag for an unknown person but turning out to be a crack. Just because of your suspicious behavior, a police officer may arrest or give you a summons for an investigation. Then, your status will be changed to an accused. Anxiety occurs but don’t forget your right. Here are your rights since you are arrested as an accused:

1. An accused can meet and ask for counsel from his becoming lawyer personally.
2. An accused’s lawyer or trusted person can stay during an interrogation. 
3. An accused’s relatives can meet or contact an accused on reasonable basis.
4. When an accused gets sick, he can be cured as soon as possible.
5. After a police officer or an inquiry officer finishes making legal documents or inquiry documents, he should read such documents for a person giving statements (an accused.) If documents’ statement is opposed, changed, or added, a police officer or an inquiry should change for a correct statement or note a reason for remaining unchanged. Then, a statement-given person (an accused) should sign for affirming documents’ correctness. If an accused denies signing, a police officer or an inquiry office should note a reason for such act.
6.  If an accused cannot speak or understand Thai language and does not have a translator, a police officer or an inquiry officer should provide a translator for an accused as soon as possible.

              However, an interrogation is very important process for you and for justice process because a public prosecutor’s and the Court’s decision results from collecting evidence during the interrogation. Therefore, you really should know your right while you are being interrogated as follows:

1 An inquiry officer should inform an accused about fact of doing a crime and an allegation.

2 An inquiry officer should give an accused an opportunity to refuse an allegation and explain fact in favor of an accused.

3 An accused has a right to have his legal counsel or trusted person with him during an interrogation.

4 Before an accused gives testimony, an inquiry officer should inform that an accused has a right to remain silent. Anything he says will be used against him in court. Moreover, an inquiry officer should inform that he has a right to have his legal counsel during an interrogation.

5 An inquiry officer notes as an accused testify.

6 An inquiry officer cannot give a promise, coerce, deceive torture, use force against, or act wrongfully for persuading an accused to testify.

                When you know your right, you can protect your life. If an inquiry officer does not notify the right no.3 or 4 to the accused as mentioned above before asking questions, Criminal Procedure Law states clearly that any of saying, given by the alleged offender in the respect of the inquiry official will not be able to admit as evidence in proof of such person’s offence.  However, the best choice for an ordinary person is to throw yourself away from the status of an accused. Good luck everybody.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.