An Approach to Development of Juvenile Delinquent Case Diversion in Investigation Stage

Abstract

In the present, juvenile delinquency is one of the significant issues arisen in society. This is because it demonstrates the ability of management of family and State, such as the love and care are given to family members or educational system provided by State. Furthermore, this also reflects the future of the State which is performed by child and juvenile. Thailand has enacted juvenile justice law since B.E. 2494. Until the present day, the organizations in juvenile justice have performed under the law for more than a half-century. Juvenile justice’s objectives are rehabilitation with the best interest of the child as well as to keep the peace in the society in the meantime. Juvenile and Family Court and Juvenile and Family Case Procedure Act B.E. 2553 is the third generation law enforced nowadays. Under the law, there are special legal measurements designated to rehabilitate juvenile delinquency. The legal measurement enforced to the child delinquency case under Juvenile and Family Court and Juvenile and Family Case Procedure Act B.E. 2553 Article 69/1 that clearly shows the opportunity, rehabilitation, and welfare given to the child delinquent. However, if the article above is carefully considered, it has some legal issues itself. Firstly, the legal measurement can only enforce in the case which the child is delinquent. Therefore the delinquency committed by juveniles is not under the provision of the article. Secondly, the use of the measurement can occur when the delinquency is only committed for the first time. The latter committed delinquency is not under the provision. Lastly, most importantly relating to the delinquent rehabilitation, the article orders that the inquiry official or the authorized government officials will have the power to call and warn the child, their parents, their guardian, other person or other organization with which the child stays. And if the child is repenter, and their parents, their guardian, other person or other organization with which the child stays, can still take care of the child, the inquiry official or the authorized government officials must stop the investigation and release the child. Hence, to rehabilitate the delinquent, the provision under the Article 69/1 should be considered for the appropriation. According to the study, the author suggests as follows;Firstly, it should amend the law which the juvenile delinquency case should be included. Secondly, to achieve to the welfare and the future of the child and the juvenile, the article should not consider on the amount number of delinquency committed as a provision. Lastly, it should authorize the inquiry official or the authorized government officials to use other proper measurements. It should not be only limited to the child, their parents, their guardian, other person or other organization which the child stays with warn. The author strongly believes that the suggestions for development will play a significant role and lead to the success of rehabilitation with the best interest of the child and the juvenile as well as to finally keep the peace in the society.