Problem of Offender according to the Domestic Violence Victim ProtectionAct, B.E. 2550: Case Study of Sentenced according to Other

Abstract

This research article aims to investigate the domestic violence offenders sentenced to imprisonment up to six months. According to the Domestic Violence Victim Protection Act, B.E. 2550 (2007), the alleged offenders shall be prosecuted within the jurisdiction of the Juvenile and Family Court for the case not against other laws. However, in case such action is a guilty against other laws with the penalty rate of imprisonment over six months, the alleged offenders also shall be prosecuted in a court according to such other law such as provincial court or criminal court.

            This study conducted the qualitative research by studying documents. It was found that when the domestic violence offender was prosecuted in other court piled up many unsettled cases and having complicated processes, the court was likely to impose a punitive sentence against offenders to make them chastened rather than rehabilitating the offenders to rebuild their family life. This law enforcement was undertaken incorrectly.

            This problem should be solved by amending the act. According to the new amendment, the imprisonment sentence will be increased to up to three years and the case will be prosecuted within the jurisdiction of the Juvenile and Family Court. In case such offence carries a penalty of imprisonment up to three years and breaches other laws, the domestic violence case and other guilty should be prosecuted within the jurisdiction of the Juvenile and Family Court which its judge is a specific expert and the most suitable court. In case the sentence is considered carrying a penalty of imprisonment over three years which might affect or destroy the family relationship seriously, it should be other court’s responsibility for the trial.