ความผิดฐานพรากเด็กและผู้เยาว์ : ศึกษากรณีเด็กและผู้เยาว์ที่เร่ร่อนไม่มีบิดามารดา ผู้ปกครอง หรือผู้ดูแล / ราชศรุต จันทร์โชติ = The offence concerning the taking away of child and minor : a study into the matter of the homeless children and minors without parent, guardian or person looking after them / Rajsarut Janchote
This research is intended to study the offence of taking away of a child and a minor in case where the minor does not have parents, guardian or person looking after them. Due to absence of such persons resulting in incomplete element of offence according to the law, the doer who commits the act is not in violation of the offence of taking away of a child and a minor. Based on the study, it appears that the Constitution of the Kingdom of Thailand provides that a child and a minor without a person looking after them shall be treated, disciplined and educationally trained by the state. In addition, the Convention on the Rights of the Child and Protocol provides that the Member State shall have the appropriate measures for protecting and taking care of a child or a minor without guardian. However, in the present there is no law prescribing the onus of the state to protect them ; therefore, the enforcement of the law does not follow its intention. This research proposes to establish a public organization to promote the protection, education of a child or a minor without guardian acting as their legal guardian them and as an injured person in a criminal case for the above-mentioned offence. In addition Section 317 to 319 of the Penal Code as well as Section 5 of the Criminal Procedure Code should be amended by inserting the element of the offence to include “a guardian according to the law” and authorizing the delegate of such established public organization to act on behalf of and a minor without guardian.
