EXAMINING SECTION 304 OF THE CRIMINAL CODE IN THAILAND DEALING WITH ATTEMPTED ABORTION

Abstract

Section 304 of the Criminal Code in Thailand dealing with attempted abortion specifies that punishment shall not be given for those who attempts to aborts themselves or procure an abortion for someone else, with consent. However, the impunity for attempted abortions is unexplained. Some Thai observers consider that attempted abortion is not harm and women should raise their child who are born after attempted abortion, but in fact even attempted abortion may cause injury to children after birth. This article explains not only the reason why attempted abortion is not punishable but also the reason why Thai Criminal Law punish Criminal Attempts in order to suggest that the Criminal Code should provide for punishment for attempted abortion. To do so, Section 304 might be repealed, and Section 301 might be amended to cover cases when the attempted abortion is done by the pregnant woman herself, the courts may have discretion whether to apply punishment.