Criminal Law Problem relating to Mental Disorder : A study into the legal Measures for Wrongdoers with Personality Disorder

Abstract

This article studies issues related to whether Section 65 of The Criminal Code legislatively supports personality disorder. The goal is to examine the scope of definitions and meanings for insanity in Section 65 of The Criminal Code and determine criminal liability, including appropriate legal measures, for wrongdoers with personality disorder by a comparative international legal study to derive appropriate guidelines for the Thai context.

Results are that Section 65 of The Criminal Code does not include personality disorder in considering criminal liability of persons so afflicted to ensure reduced or relaxed sanctions.  Offenders with personality disorder must still be sanctioned like defendants with normal mental states, although criminal penalties cannot ameliorate their condition. 

These findings suggest that Section 65 of The Criminal Code should be revised to offer legal measures supporting offenders who are currently unprotected by it to meet current societal contexts in Thailand.