Determining Determining Aggravating Circumstances in The Crime of Embezzlement : Case Study of Embezzlement of Donation Funds

Abstract

          This article aims to study and analyze the issue concerning the legal provisions on basic offenses and aggravating circumstances in the current criminal offense of embezzlement. Presently, the scope of liability and penalties does not sufficiently cover cases involving the embezzlement of donation funds. Offenders often exploit the value of donations and the vulnerability of those in need or underprivileged individuals as motivation to commit the crime. Such actions reflect a level of moral corruption more severe than general personal property embezzlement, showing a lack of conscience and disregard for the law. These offenders deserve both social condemnation and legal punishment. Moreover, Thai society is one that deeply values helping fellow humans. This makes the embezzlement of donations more likely to occur compared to ordinary property embezzlement, posing a greater risk and causing significant harm to society-impacting both the public and the enforcement of laws. Therefore, it is essential to have specific legal provisions and harsher penalties to deter such crimes effectively.

          To ensure that the punishment corresponds to the current social context and reflects the severity of the crime and the offender's malicious intent, the author proposes that donation funds should receive special legal protection beyond that of ordinary personal property. This can be done by designating the embezzlement of donation funds as an aggravating circumstance under the offense of embezzlement, resulting in stricter penalties for the offender compared to general cases.