Drunken Man and Punishment under Thai Law
Most people are used to saying “I am sorry because…., I apologize because……” If a mistake that you have done is not a big deal, of course it can make a situation better. But some situation the sentence “I am sorry” really does not help you. For example, you drive fast and bump to a boy crossing the street. Can you just say “Sorry?” No! You may go to jail and shall make compensation to the injured boy.
What about a drunken man who cannot control his conscious? If the drunken man make a crime, shall the Court sentence him?
Under Section 66 of Criminal Code, a drunken man can excuse from committing an offence and shall not be punished under conditions as follows:
1. An intoxication is caused without the knowledge of the offender; or
2. An intoxication is caused against the will of the offender
Let’s see the first example!
Mr.Peter is a very good man, no smoking, no party. He does not know any band of liquor or any other intoxicant since he was born. Until the age of twenty –two years old, he falls in love with a party girl. The girl knows that he would not come to the party, so she have him drunk a bottle of liquor by telling him that it is just an energy drink. Then, she takes him to the party. Ten minutes passes, he becomes unconscious and kills the girl by a knife. He murders the other person and shall be punished with death, imprisonment for life, or imprisoned as from fifteen years to twenty years. However, he does not that he is drinking liquor, and he murders the girl while he is being conscious because of intoxication. Therefore, he shall be exempted for the punishment for such offence.
The second example
After Mr.Peter come out from a jail, he now knows liquor very well and knows that if he drinks it, what he gonna do. He tells himself all the times that he will not drink any intoxication for life. Unfortunately, some of his friends knows that Mr.Peter could kill people when he is drunk. So, his friends coerce him to drink a bottle of liquor. He does not drink, so his friends fill liquor in his mouth violently. He becomes unconscious and kills people. Section 66 protects Mr.Peter too
Do you think how many drunken men can be excused by virtue of section 66 of Criminal Code? I think you know answer! It is very rare situation that people do not know what liquor is or people are forced to drink.
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Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.