When a child or juvenile commits a criminal offense in Thailand, this does not necessarily mean that the child will be prosecuted or punished in the same manner as an adult. Thai law establishes specific rules concerning age, criminal liability, legal proceedings, protection of rights, and rehabilitation measures.
The main laws governing juvenile criminal cases include the Thai Criminal Code and the Juvenile and Family Court and Juvenile and Family Case Procedure Act B.E. 2553 (2010).
1. Why the Age of the Child Matters
Sections 73–76 of the Thai Criminal Code establish different rules concerning criminal liability depending on the age of the offender at the time the offense was committed.
Children Aged 12 or Under
Under Section 73 of the Thai Criminal Code, a child who is not over 12 years of age and commits an act that constitutes a criminal offense shall not be punished.
However, this does not necessarily mean that no action can be taken. Appropriate protective, corrective, and rehabilitative measures may be considered under the applicable juvenile laws.
Children Over 12 but Not Over 15
Under Section 74, a child who is over 12 but not over 15 years of age and commits a criminal offense shall not be punished.
However, the court may impose appropriate measures, such as:
- Giving the child a warning
- Placing the child under the care of a parent or guardian
- Imposing conditions concerning the child's conduct
- Applying other appropriate measures provided by law
The primary objective is generally correction and rehabilitation rather than punishment.
Juveniles Over 15 but Under 18
Under Section 75, a person who is over 15 but under 18 years of age and commits a criminal offense is treated differently from an adult.
The court must consider the person's level of maturity, responsibility, and other relevant circumstances.
If the court considers that punishment is not appropriate, it may apply measures designed for children and juveniles instead.
If the court determines that punishment is necessary, the law provides that the applicable punishment may be reduced by one-half.
Therefore, a 16- or 17-year-old accused of a criminal offense does not automatically receive the same punishment as an adult.
Persons Aged 18 but Under 20
Under Section 76, where an offender is 18 years of age but not yet 20, the court may, where appropriate, apply the statutory rules concerning mitigation of punishment.
The court will consider the circumstances of the case, the nature of the offense, and the individual circumstances of the offender.
2. Juvenile Criminal Proceedings Differ from Adult Criminal Proceedings
When a child or juvenile is accused of committing a criminal offense, the case may fall under the jurisdiction and procedures of the Juvenile and Family Court.
The juvenile justice system places particular importance on:
- The best interests of the child
- Protection of the child's legal rights
- Rehabilitation and behavioral correction
- Education and personal development
- Preventing reoffending
- Reintegration into the family and society
Accordingly, juvenile proceedings are not focused solely on punishment. They also seek to identify and address the underlying causes of the child's behavior.
3. The Child Has the Right to Legal Assistance
A child or juvenile accused of a criminal offense has the right to receive legal assistance.
In circumstances prescribed by law, juvenile proceedings must include a legal counsel/advisor to assist and protect the rights and interests of the child.
The legal representative's role may include:
- Advising the child
- Reviewing the allegations
- Examining evidence
- Assisting during investigative procedures
- Representing the child during court proceedings
- Presenting mitigating circumstances
- Providing information concerning the child's family, education, development, and living environment
4. Arrest and Interrogation Must Respect the Child's Rights
The arrest and investigation of children and juveniles are subject to special legal safeguards.
Authorities cannot simply treat a juvenile suspect in exactly the same manner as an adult suspect without complying with the additional protections required by law.
Authorities must take into consideration the child's:
- Age
- Physical condition
- Mental and emotional condition
- Legal rights
- Need for appropriate assistance and protection
The interrogation of children and juveniles is therefore subject to specific legal requirements, including the participation of persons or officials required by law.
5. The Court May Apply Measures Instead of Imprisonment
A juvenile criminal case does not necessarily result in imprisonment.
Depending on the circumstances, the court may consider measures such as:
- A warning or admonition
- Conditions concerning the juvenile's behavior
- Education or vocational training
- Counseling, treatment, or rehabilitation
- Community-based measures where permitted by law
- Supervision by a parent, guardian, or appropriate authority
- Other measures provided under juvenile and family law
The appropriate measure may depend on the child's age, personality, family circumstances, education, environment, conduct, seriousness of the offense, and prospects for rehabilitation.
6. What Should Parents Do When Their Child Is Accused of a Crime?
When a child is contacted, summoned, questioned, or arrested by the police, parents should not allow the child to deal with the matter alone.
- 01First: Identify the AllegationParents should determine exactly what criminal offense the child is accused of committing and when the alleged incident occurred.
- 02Second: Confirm the Child's AgeThe child's age on the date of the alleged offense is particularly important because it may directly affect criminal liability and the applicable legal procedure.
- 03Third: Obtain Legal AdviceParents should arrange for the child to receive advice from a lawyer or legal advisor before making important decisions or giving significant statements.
- 04Fourth: Preserve EvidenceParents should preserve relevant evidence, including telephone and chat messages, photographs, CCTV footage, documents, social media information, witness information, and other evidence relating to the incident.
- 05Fifth: Prepare Information About the ChildParents should also collect information concerning the child's education, family circumstances, behavior, living environment, personal development, and other relevant circumstances. Such information may be important when the court considers an appropriate rehabilitative measure.
7. A Guilty Plea Should Be Carefully Considered
Parents should be cautious about allowing a child to sign documents or make important statements without first understanding the legal consequences.
Before deciding whether the child should plead guilty or deny the allegation, the following matters should be carefully considered:
- The prosecution's evidence
- The child's evidence
- The legal elements of the alleged offense
- The child's age at the time of the offense
- The child's intention and conduct
- The extent of any damage or injury
- Whether the child has previously committed an offense
- Whether rehabilitation or other juvenile measures may be appropriate
The decision to plead guilty or contest the allegation should therefore be made after obtaining appropriate legal advice.
8. Assault, Fighting, Drug Offenses and Other Juvenile Crimes
Children and juveniles may be accused of various types of criminal offenses, including:
- Assault
- Fighting or physical altercations
- Causing damage to property
- Theft
- Fraud
- Drug-related offenses
- Weapons offenses
- Computer-related offenses
- Sexual offenses
Although the offender is a child or juvenile, the nature and seriousness of the alleged offense remain important factors in determining the appropriate legal response.
The court may consider the circumstances of the offense together with the child's age, background, family circumstances, behavior, and prospects for rehabilitation.
9. The Family Plays an Important Role in Rehabilitation
In juvenile cases, the court may consider not only what the child did, but also why the child behaved in that way.
Relevant factors may include:
- Family circumstances
- Parenting and supervision
- School and educational background
- Friends and social environment
- Behavioral problems
- Mental and emotional development
- Other circumstances contributing to the offense
Parents should therefore cooperate with the authorities and the court and demonstrate that the family is prepared to provide appropriate care, supervision, and support to prevent the child from reoffending.
10. When Should Parents Contact a Lawyer?
Parents should not wait until the court hearing before seeking legal assistance.
If a child has been arrested, charged, summoned for questioning, or otherwise contacted by the authorities in connection with an alleged criminal offense, parents should seek legal advice as early as possible.
Early legal assistance may allow the lawyer to:
- Review the allegations
- Examine available evidence
- Protect the child's procedural rights
- Prepare the child's defense
- Identify mitigating circumstances
- Prepare information concerning the child's family and education
- Develop an appropriate legal and rehabilitation strategy
Conclusion
Thai law provides a special legal framework for children and juveniles accused of criminal offenses. The age of the offender at the time the alleged offense was committed is one of the most important factors in determining criminal liability, applicable procedures, and potential consequences.
The juvenile justice system places significant emphasis on child protection, rehabilitation, behavioral correction, education, and reintegration into society, rather than punishment alone.
If your child has been accused of a criminal offense in Thailand, parents should promptly determine the child's age at the time of the incident, understand the allegations, preserve relevant evidence, and seek advice from a lawyer or legal advisor experienced in juvenile and family law.
Early legal assistance can be important in protecting the child's rights and ensuring that the case is handled in accordance with Thai law.
Disclaimer: This article provides general information about Thai law and should not be considered legal advice for a specific case. The applicable law and appropriate legal strategy may vary depending on the child's age, the alleged offense, the facts of the case, and the available evidence.