THE PROBLEMS OF OFFENSE CAUSING THE LOSS OF PROPERTY IN HARMING PROPERTY OWNED BY OTHERS STUDY THE CASE OF SEGREGATING LAND TENURE

Abstract

Abstract

          This research article the objective is to study the spirit of legislation under the Criminal Code, Section 358, to find clear legal enforcement guidelines in regard to joint possession of property. In the case of dividing the ownership of land into a portion but there is no clear separation of rights only. In the event that any person loses the property, will it be an offense or not? When it was done to the land in the part that was in their possession this research is a documentary research.

          The results of the research were as follows: The legal system of England, the United States and France is divided into two cases: 1) the case of their own property. The law of every country is not an offense. 2) If it is someone else's property. All countries are considered an offense. In the event that the offender has committed their own property despite being included by others these three laws do not enact these actions. The offender is not guilty by the law. This is different from the Thai law, which is clearly stipulated in the article of the Criminal Code, Section 358 that even if the offender committed his property, it is still an offense in the event that other owners are included

          The researcher has the following suggestions: 1) Under the Criminal Code, Section 358, the boundary of property possession should be defined in the base of the offense causing the loss of property more clearly. 2) There should be an exclusion of liability in At the end of the Article in paragraph one To understand that if there is an offense against property, land In the event that there is a separation of possession between the total owners The offender is not liable