Evolution of the Criminal Law of Thailand and Its Influence from the Dharamshastra

Abstract

        The criminal legal system of Thailand has a long-standing evolution from the antecedent to the modern era. In the beginning, the written law was not in an existence, the customs based on Thai traditions were in force to regulate the society. Subsequently, in Sukhothai era the proof of written law was seen and during Ayutthaya period the written law was developed and strongly influenced from and skim off Dharamshastra taking into consideration of Thai traditions and cultures, with time to time, developed to the enactment and execution of the Law of Three Seals, the Penal Code of R.S. 127 and current Criminal Code B.E. 2499 respectively. The development has gradually been made in consonance with social, political, administrative and economic contexts in company with foreign influences. Altogether, these led to the criminal law keep abreast of the times. In particular, the court proceeding shall be judicious in accordance with the principle of criminal liability and punishment.