Liability for Negligence Causing the Other Person to Death Under the Thai Criminal Code, Section 291

Abstract

            Negligence is the major cause of death by many dangerous and careless behaviors and the number of deaths tends to be higher. Automobile negligence, construction negligence, dangerous goods, and negligent performance of duties are the main cause of the increase in loss. The current penalty set out in the law for convicted criminals might not be proportionate to the degree of the crime.

            This article was designed to consider the liability in the criminal code of negligence causing death. According to the Thai criminal code, section 291, in which offence against life is mentioned, states the act causing the other person to death as liability recognition criteria. Since the criminal code has been initiated on 1 January 1957 and revised the penalty rates to higher pay rates by section 4 of the Act Amending the Penal Code (No. 26), 2560 BE. Negligence has been causing death since the enforcement was established, but the liability has not met different aspects of offences due to the change in the economic and social environment and developed technology. Moreover, Foreign law is provided to show legal perspectives on liability for offence against life ,It is considered as additional criminal legislation that has to be stipulated in case of an act of negligence in order to be aware of negligence and take responsibility for actions on other people’s safety.