Legal Issues in Exercising the Rights of Victims under Measures for Preventing Recidivism Related to Gender-Based Violence or Violent Acts
Keywords:
recidivism prevention, sexual and violent offenses, victim participationAbstract
This research article aims to study the legal measures for preventing recidivism in cases involving sexual offenses or violence in Thailand and other countries, focusing on cases where the victim acts as the plaintiff. The study employs a documentary research method, gathering data from books, academic articles, research papers, Thai laws, and foreign legal systems. These are analyzed and compared to propose guidelines for protecting the rights of victims who act as plaintiffs under the Prevention of Recidivism in Sexual or Violent Offenses Act, B.E. 2565 (2022).
The study found that Thailand's legal system allows both the state and victims to initiate criminal proceedings, unlike many other countries where only the state represents the victim in court. However, Thai law does not provide victims with a role in determining the preventive measures applied. This may lead to the implementation of measures that are unsuitable or contrary to the intent of the law in protecting society. A key issue identified is the lack of victim participation in the process of setting preventive measures, particularly in cases where the victim serves as the plaintiff. Under current legislation, victims do not have the legal authority to request the implementation of such measures.
The study recommends amending Section 19 of the Prevention of Recidivism in Sexual or Violent Offenses Act, B.E. 2565 (2022) to allow both prosecutors and plaintiffs to request the application of preventive measures. Additionally, victims should be granted the right to participate in the process of determining these measures.
References
Böhm, K. H. (2021). Traffic offense restrictions and driving prohibitions: Legal frameworks and social protection. German Criminal Law Review, 45(3), 456-478.
Department of Justice and Community Safety. (2019). Review of the Serious Offenders Act 2018. Retrieved July, 15 2024, from https://www.justice.vic.gov.au/justice-system/laws-and-regulation/review-of-the-serious-offenders-act-2018
Dessecker, A. (2022). Preventive detention and social protection: Critical analysis of Section 66 in German criminal law. Criminology and Criminal Justice Review, 40(1), 88-112.
Drenkhahn, K. (2023). Post-sentence preventive detention: Balancing social protection, human rights, and offender rehabilitation. European Journal of Criminology, 20(2), 245-267.
Durose, M. R., Cooper, A. D., & Snyder, H. N. (2014). Recidivism of Prisoners Released in 30 States in 2005: Patterns from the Second Chances Act. Bureau of Justice Statistics Special Report. U.S. Department of Justice, Office of Justice Programs.
Hay, D. (1983). Controlling the English Prosecutor. Osgoode Hall Law Journal, 21(2), 165-186.
John H. Langbein. (1973).The Origins of Public Prosecution at Common Law. 17 American Journal of Legal History, 17(4), 313-335.
Kanit Na Nakhon. (2013). The Justice Process from the Perspective of Kanit Na Nakhon (2nd ed.). Bangkok: Winyuchon.
Kanit Na Nakhon. (2018). Criminal Procedure Law (9th ed.). Bangkok: Winyuchon.
Kanit Na Nakhon. (2020). General Principles of Criminal Law (7th ed.). Bangkok: Winyuchon.
Kanit Na Nakhon. (2021). Criminal Procedure Law Volume 1 (10th ed.). Bangkok: Winyuchon.
Kinzig, J. (2021). Substance Abuse Treatment in Criminal Rehabilitation: An Analysis of Section 64 in German Criminal Law. European Journal of Criminology, 18(4), 512-535.
Kittipong Kittayarak. (2011). The Justice Process on the Path of Change (3rd ed.). Bangkok: Winyuchon.
Kittipong Kittayarak. (2020). Restorative Justice: A New Alternative for the Justice Process. Bangkok: Winyuchon.
Meier, H. J. (2019). Preventive Measures and Rehabilitation in German Criminal Law: Analysis of StGB Section 61. German Criminal Law Review, 55(2), 245-267.
Narong Jaihan. (2017). Principles of Criminal Procedure Law Volume 1 (13th ed.). Bangkok: Winyuchon.
Office of Justice Affairs. (2020). (Draft) Act on Preventing Recidivism of Serious Offenders Using Violence, B.E. …. Retrieved August 10, 2024, from https://www.oja.go.th/wpcontent/uploads/2021/06/principle_JSOC.pdf
Office of Justice Affairs. (2022). Research Report on the Protection of Victims’ Rights in Criminal Cases. Bangkok: Ministry of Justice, Office of Justice Affairs.
Office of the Attorney General. (2020). Regulations of the Office of the Attorney General on Criminal Prosecution by Prosecutors B.E. 2563. Bangkok: Office of the Attorney General.
Office of the Council of State. (2022). Summary Analysis of the Draft Act on Measures to Prevent Recidivism in Sexual or Violent Offenses, B.E. ..... Bangkok: Office of the Council of State.
Office of the Judiciary. (2023). Operational Manual on Measures to Prevent Recidivism in Sexual or Violent Offenses. Bangkok: Office of the Judiciary.
Pokpong Srisanit. (2012). Research Project on the Justice Process and Violent Political Situations: Problems and Solutions. Bangkok: Office of Justice Affairs, Secretariat of the Independent Truth and Reconciliation Commission of Thailand.
Pokpong Srisanit. (2021). Guidelines for Legislative Improvement to Prevent Danger from Offenders or Ex-Offenders with Threatening Behavior to Society: Phase 1. Thammasat Law Journal, 50(4), 504-531.
Pradel, J. (2002). Comparative Criminal Law: Recidivism and Legal Definitions. International Criminal Law Journal, 30(3), 658-672.
Probation Department. (2021). Annual Report 2021. Retrieved August 11, 2024, from https://www.probation.go.th/contentdl.php?id=56075
Rosenau, H. (2020). Criminal law and social control after punishment: Conditions and limits of post-sentence supervision. German Law Journal, 21(5), 789-805.
Schöch, H. (2020). Psychiatric Treatment and Criminal Law: Analyzing Section 63 of the German Criminal Code. International Journal of Forensic Mental Health, 19(3), 221-240.
Streng, F. (2019). Professional prohibition orders in criminal law: Prevention and public safety strategies. Journal of Criminal Law and Criminology, 62(4), 612-635.
Supasa Keeratiwarayoth. (2017). The Power to Prosecute Criminal Cases by Victims [Master’s Thesis in Law]. Dhurakij Pundit University.
Surasak Likitsittikul. (2012). Explanation of Offenses Against Property under the Penal Code (5th ed.). Bangkok: Winyuchon.
Surasak Likitsittikul. (2019). Penal Code of Criminal Procedure: Reference Edition (19th ed.). Bangkok: Winyuchon.
Surasak Likitsittikul. (2020). Penal Code of Criminal Procedure: Reference Edition (20th ed.). Bangkok: Winyuchon.
Udom Rathamarit. (2015). Explanation of Evidence Law (6th ed.). Bangkok: Faculty of Law, Thammasat University, Textbook and Document Project.
Udom Rathamarit. (2021). Explanation of Evidence Law (9th ed.). Bangkok: Faculty of Law, Thammasat University, Textbook and Document Project.
Weigend, T. (2020). The Concept of Criminal Procedure in Comparative Criminal Law. Comparative Criminal Law Review, 45(4), 1232-1242.
Wirapong Boonyopas. (2022). Criminology and Justice Work. Bangkok: Nititham.
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