A COMPARATIVE STUDY OF SCOPE OF PROTECTION FOR VICTIMS OF VULNERABLE GROUP UNDER THE THAI CRIMINAL CODE : A STUDY OF UNITED STATE, AUSTRALIA, FRANCE AND GERMANY

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กนกพงศ์ อนันต์สันติวงศ์

Abstract

At the present time, as crime has increased, especially one that is committed against the vulnerable, or those who are dependent to other people in their everyday living or tend to be easily swindled by persuasion such as innocent children, elderly, disable, legally insane, mentally challenged, or pregnant. The group of people mentioned is usually fragile physically and mentally. As they are already weak and not very keen to understand an action of the others, they tend to lose their ability to adequately protect themselves from danger or hazard created by others. As such, wrongdoers are likely to commit a crime by taking advantage of their vulnerability. The crime can be done easily and conveniently as compared to doing it against people with strength. However,
the current criminal law does not specifically protect the vulnerable as the punishment applied to wrongdoers is the same whether or not the wrong is done to the vulnerable or to people without vulnerability. Therefore, criminal law should impose appropriate offences and associating punishment, which are believed to safeguard the vulnerable from being taken advantage of in the future. Also, the correct measures would prevent and defer wrongdoing against such group later on.

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