Inchoate Crimes: Case Study of Offering to Commit an Offense

Abstract

Conspiracy to commit an offense or incitement are “inchoate crimes” which has been criminalized in the Thai criminal law system as an authority to authorize the officials in the proceedings against those who have done such acts, even the damage from the conspiracy or incitement will not occur, but in this case, it is noted that The provision that defines criminal liability for a conspirator or inciter may not be state tools to interrupt proceeding of crime completely. Due to the provisions of the Criminal Code, there is a gap of laws that may not apply to the cases that a person has offered another person unilaterally to commit a crime or accepting the constituted intention of committing an offense from another person.

However, the study found that the Penal Code for the Kingdom of Siam R.S. 127 and the German Penal Code have the legal provisions that support it to be applied to such the cases. For this reason, I will therefore research and study to present the concept of criminalizing an inchoate crime for "offering to commit an offense". One of the solutions to this problem of Thai criminal law occurred.