ความผิดฐานพรากเด็กและพรากผู้เยาว์ตามประมวลกฎหมายอาญา / สมหวัง วิริยะผล = Offence of Taking a Child and Taking a Minor Under the Penal Code / Somwang Viriyaphol
Meaning of “Abduction” according to Penal Code Article 317, Article 318, and Article 319 does not give a clear definition which result in problematic definition of how the offense is done to fall in the offense of taking a child or taking a minor under penal code. Therefore the meaning and aim of penal code should be clearly researched and difined. The offense of taking a child or taking a minor created since the ancient time the concept to protect right of a child and a minor as can be seen in history of international law and history of Thai law because a child or a minor is not as knowledgable in all aspects. Therefore they should be protected by the law. The offense in taking a child and taking a minor according to Penal Code Article 317, Article 318, and Article 319 stated that it is the offense of taking a child or taking a minor from the parents, guardians, or those with right to look after and must also be without reasonable mean. In the other countries’ penal code relating to this same offense. It has the mean to give the protection of right to the child or the minor directly by stating that the offense of “Abduction” mean “Taking away” a child or a minor from their parents is an offense without considering other authority which give an effective mean to protect the right of the child or the minor. The writer of this thesis believes that there should be a clear definition of this penal code in such an offenses to give full protection of right to the child and the minor. Beside, there should be a mean to protect the right of the child and the minor in case the case is against the authority who is an offender himself and in case where it should be the duty of the person found the loss child to widely protect the child and the minor in an effective way.