The Legal Problems in Criminal Proceedings According to Juvenile and Family Court and Procedure Act B.E. 2553

Abstract

This research article aims to study concepts and theories related to criminal prosecution against children and youth. Study the legal problems in criminal proceedings according to Juvenile and Family Court and Procedure Act B.E. 2553. Study the principles of criminal prosecution against children and youth of Thailand and abroad. And study the guidelines for amending the law on criminal prosecution according to Juvenile and Family Court and Procedure Act B.E. 2553. Using qualitative research methods. Collect data with document research, in-depth interviews and group discussions. Data were analyzed using content analysis techniques and interpreted comparison.

Findings are as follows: Section 86 paragraph one should be amended on the penalty rate by expanding the penalty frame from the original “imprisonment for not more than five years” to “imprisonment for not more than ten years”. Section 90 should be amended from the original “the victim’s consent” to “listening to the opinion of the victim in the preparation of the plan”. Section 132 paragraph one should be amended by cutting the text “when the court has asked the victim”. And the follow-up after leaving the judicial process. The Provincial Social Development and Human Security Office should be the responsible agency to prevent the risk for repeated offense.