AN OFFENSE UNDER THE CRIMINAL LAW PROVIDED BY LAW WITHOUT INTENT

Abstract

The objectives of this research article were as follows: 1. To study the concepts and theories about criminal liability that do not require intent in criminal law. 2. To study and analyse problems related to intent in criminal offences that do not require intent in various acts. That is criminally punishable, and 4. To study and recommend guidelines that are appropriate measures regarding unintended criminal acts as suggestions for amending the provisions of the Act that are criminally punishable to more clarity, conducted by documentary research by studying legal texts. Supreme Court judgments, textbooks, academic articles, theses, and electronic databases in both Thai and foreign languages. I collected ideas and suggestions from lawyers and analysed and compared them with the principles that appear in countries that use a legal code system, including the Kingdom of Thailand.

The research results found that an offence under criminal law is currently unintentionally established by law. It arises from the need to apply criminal law measures to the problem of actions that cause damage to the public. Initially, it was based on civil tort liability regarding taking precautions to prevent results as provided by law. Later, this principle was extended to other offences. This has occurred for technical reasons to maintain peace in society. In the initial stages, this principle of liability is interpreted strictly and creates strict liability for violators. This creates a debate about the concept of liability. Later, this principle of liability was relaxed, and the various struggles in excusing this liability were accepted. Several changes have been made to the provisions that define this liability more equitably.