New criminal procedure law for child and juvenile has been executed in Thailand


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May 24, 2011



Ministry of Justice has revealed the new law , The Juvenile and Family Court and Juvenile and Family Procedure B.E.2553. The law has become effective after the midnight of the date 22 of May 2011.

 

The new law defines new definitions of “Child” and “Juvenile”. “Child” means the person who has the age not over 15 year old and the “Juvenile” means the person who has the age over 15 year old but not over 18 year old.

 

 

There is lots of Article has been changed especially in the criminal procedures. Extremely important, Child who committed the offence either flagrant offence or warrant of arrest and captured by police, they need to be sent immediately and directly to the juvenile and family court for investigation. This differs from the past that the child-offender must be taken to the community office within 24 hours. The court also has discretion to bail or temporary release the child-offender and he/she has no need to go to the Community Home.

 

If the court does not allow a temporary release, the court will coordinate with the Director of the Community Home to take the child into memorable event then conclude about the remedy for court’s decision. If the court allows the temporary release, the Community Home will investigate on the child’s family background and submit therapy report to the court.

 

Moreover, the Director of the Community Home, can propose to the public prosecutor to render an order of non-prosecution for the case which maximum imprisonment for a term not exceeding five years if such child-offender has no risk to repeat the offend but he will be cured in the Community Home in the specified period.

 

For child and juvenile case which maximum imprisonment for a term 5 to 20 years and the child-offender committed innocently. Director of the Community Home will comment to the Juvenile and Family Court to launch the special measures in court by family group meeting, treatments, controlling the behavior or doing community service instead of judgment to obey in the Community Home.



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