มาตรการทางกฎหมายในการกำหนดบทลงโทษในความผิดเกี่ยวกับทรัพย์ : ศึกษากรณีตามมาตรา 334 มาตรา 35 มาตรา 357 และมาตรา 360

Abstract

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Legal Measures in Determining Penalties for Offences against Property: A Case Study of Sections 334, 335, 357 and 360

The sections of the law regarding the prosecution of offenses related to property, Sections 334, 335(10), the second paragraph of Section 357, and Section 360 concern the nature of the offense and the affected property and cover a certain level of the offence as defined by the value of the affected property. In this respect, justness toward both victim and criminal may become an issue as the nominal value of a property at present is not the same as it was in the past. For example, malicious damage of private or public properties such as power lines, telephone lines, and manhole covers are offenses committed more often today than in the past. Moreover, persons who purchase stolen goods are an important factor in the result of the offense of theft and mischief. It is considered an important social problem and related to economic issues. Damage by criminal actions has significantly affected a large part of society. In addition to the penalty provisions of Sections 334, 335(10), paragraph 2 of Section 357 and Section 360 provide relatively light punishment, which doesnût meet the objective of punishment as a compensation for the offense. More specific and appropriate penalties should be considered to enhance crime prevention, efficacy of law enforcement and fairness toward the present and future society.