Special Measure in Lieu of Criminal Prosecution in Trial of Child and Juvenile Case

Abstract

This academic article aims to analyze special measure in lieu of criminal prosecution in trial of child and juvenile case by using principles for prosecuting criminal cases against child and juvenile, principles for protecting child and juvenile in Thailand, Juvenile and Family Court and Procedure Act 2010, Section 90 and Regulations of the President of the Supreme Court on the Criteria, Methods, Conditions for the Preparation of the Post-Trial Rehabilitation Plan 2013 as a framework for analysis.

Findings are as follows: Special measure in lieu of criminal prosecution in trial under Section 90, it provides an opportunity for accused persons who are child or juvenile who are found to have committed crimes that have a higher penalty rate than the prison sentence of more than five years but not more than twenty years. Consciousness of actions and meeting various conditions as required by law has entered the process of creating a rehabilitation plan in order to comply with the plan. The court does not have to adjudicate the case if the conditions set forth in the plan are fulfilled, which shows that even though the case has a high penalty rate, However, if the circumstances of the case are not unreasonably serious, a plan can be prepared to rehabilitate the child or juvenile. Therefore, it must be revised from the original “victim consents” to “listen to the victim’s opinion in making a plan” because there may be cases where the accused, who is a child or juvenile, is aware of the act but the victim does not consent, which may be due to the victim still having resentment. The accused or the parents of the accused and the victim had previous causes of anger, or unable to agree on damages, or any other reason that the injured person does not consent to the preparation of the plan.