วิเคราะห์กฎหมายลักษณะอาญา ร.ศ. 127 : ศึกษากระบวนการร่างกฎหมายและประเด็นความรับผิดในทางอาญา / คณพล จันทน์หอม =The Penal Code of Siam R.S. 127: a study of the legal drafting process and criminal responsibility / Kanaphon Chanhom
Penal law has evolved to keep pace with the modernization of human since immemorial time. It has been corrected at times to keep track with the politico-socio-economic beings of each country. Especially in the western countries effort has been made to study seriously in the both Civil law and Common law lands results in principles and doctrines of penal law which are good and explicable. The most touched upon is the principles of criminal responsibility. When imperialism spread it wings to cover beyond fatherland. Thailand was affected and had to reform its system of government in an abrupt manner, law and judicial administration in particular. This is to sneak away from being colonized. Penal law was the first to be reformed for it governed the right and liberty of the public at the largest extent. Some parts of Three Seal Code were integrated with the principles of penal law of the West and from them the Penal Code of R.S. 127 was brought into being. The principles on criminal responsibilities under the Penal Code of R.S. 127 compose of offence by intention, offence by negligence, mistaking on person, transferred intention, ignorance of law, insanity, drunkenness, necessity, self defence, offences against property related relatives and spouse, action under official direction, provocation, young age and extenuating circumstances. Later on Thailand repealed the Penal Code of R.S. 127 and promulgated the present penal code the principles of criminal responsibilities are kept intact with minor changes to yield for clarity and suitability. Thence one can say that the criminal responsibility provisions in the repealed Penal Code of R.S. 127 still sheds light on the thinking under the present Thai criminal law even at this very date.
