ความผิดฐานดำรงชีพอยู่ด้วยรายได้ของหญิงซึ่งค้าประเวณี ตามประมวลกฎหมายอาญา มาตรา 286 / สหรัฐ สิริวัฒน์ = Offence of subsists on the earning of the prostitute according to penal code section 286 / Saharat Siriwat
This thesis is focused on studying and finding out a suitability of a provision in the Penal Code's Section 286 on the offence of subsisting on the earning from the prostitute and the frequent acquittal of the accused even though the court found the fact that the accused had received money or an interest from the prostitute. The acquittal of the accused was usually decided by the court only when he said that he subsisted on other earnings. This thesis found that the Penal Code's Section 286 is able to punish only old-style pimps. However, the changing in socio-economic conditions makes this Section becomes obsolete. Those pimps cannot be punished. Moreover, as the provision in the said Section's second paragraph is ambiguous, there is a problem on interpretation. The concerned issue in the law was not been efficiently enforced so that people do not receive justice. The researcher proposes that the Penal Code's Section 286 should be amended to be more suitable for current socio-economic situation. Existing terms should be changed to modernize provision in the said Section and its problematic legal assumption should also be amended to make it clear by stipulating punishments for persons receiving income or seeking interest from prostitution. Moreover, the researcher also proposes that the conspiracy offence and the Anti-Money Laundering Law should also be enforced to all persons who receive benefit or exploit prostitution. This will lead to more efficiently crack down of the prostitution and flesh trade business.
