Divergence of Legal Opinions on the Sequence in Criminal Liability Determination under Thai Criminal Law

Abstract

This research articles has the following objectives: (1) to study the sequence of criminal liability adjudication in Thailand based on the theoretical framework of criminal liability according to the legal theories of Thai jurists as found in the criminal law commentaries and textbooks available in Thailand, (2) to the evaluate how the views of Thai jurists contained in these text books comport or contradict with one another and whether they results in the uncertainty of how criminal liability is determined, (3) to clarify the views of Thai jurists regarding the determination of liability under Thailand’s criminal liability framework (4) to apply the research findings by incorporating the findings into the curriculum of Special Topics on Criminal Law class, and (5) to integrate research activities in the curriculum and teaching of criminal law at the Faculty of Law, Naresuan University. This study finds that (1) There are differing views regarding the sequence of criminal liability adjudication under Thai criminal law, with three main legal theories as follows: (1.1) adopting the French criminal liability structure in determining criminal culpability into the Thai law, (1.2) adopting the German criminal liability structure in determining criminal culpability into the Thai law, and (1.3) fashioning an original theoretical structure of criminal liability of Thailand; (2) the principles of criminal law and steps for determining the criminal liability that most suitable and congruent with the Thai criminal law consists of six legal principles, namely (1) there is an act within the meaning of the criminal action (2) mental requirements (3) acts constituting an offence (4) causality between an action and an outcome (5) exceptions to liability (6) exceptions to penalty or impunity.