Prosecution procedures for children and youth in Thailand
Child and youth civil and/or criminal offenders are judged by the Juvenile and Family Court in Thailand, and do not undergo the same process as an adult, according to the Office of Justice Affairs.
On Tuesday, October 3 in an event that shocked the country, a young gunman opened fire inside the luxury Siam Paragon shopping mall in Bangkok causing two deaths and injuring at least 5 people. It was later revealed that the gunman was only 14 years old.
According to the Juvenile and Family Court and Juvenile and Family Case Procedure Act BE 2553 (2010), children are defined as those aged no more than 15 years old while youth refers to those between the ages of 15 and 18.
The act also aims to rehabilitate children and youth rather than punish them.
For children aged below 12 years old, the police will cooperate with related officials to:
• Investigate and consider the facts before setting up guidelines to protect child welfare
• Hold a meeting to set up rehabilitation and welfare protection plans, as well as compensation for victims
For children aged 12-15 years old, Juvenile and Family Court, the police will inform the parents and the Juvenile Observation and Protection Centre before investigating and setting up a rehabilitation plan within 30 days.
The children will be sent to the Juvenile and Family Court within 24 hours. If a ruling is not made, the court will:
• Issue a warning
• Temporarily release the offender (with or without bail)
• Send to an educational or training institution
• Hand responsibility to a person or organisation that the court deems appropriate
For youth aged 15-18 years old, the police will send the offender to the Juvenile Observation and Protection Centre before submitting the case to the attorney.
The child will be sent to the Juvenile and Family Court within 24 hours. If the ruling is not made, the court will follow a similar procedure as for children aged 12-15 years old.
If the ruling is made, the court will:
• Reduce the penalty by half for criminal offences
• Transfer the case to a court that has jurisdiction to hear ordinary cases, i.e. if the child or youth has the body, mind, intelligence and character of an adult.
