เหตุฉกรรจ์ในความผิดฐานฆ่าผู้อื่นโดยเจตนา : ศึกษาเปรียบเทียบกับกฎหมายต่างประเทศ / ขวัญธิดา สุวรรณบัตร = Gravity on Offense of Murder : Comparative Study With Foreign Law / Kwanthida Suwannabatr
The purpose of gravity on offense of murder (Article 289 of Thai Penal Code B.E.2499) is to punish the offender proportionally with the offense committing. Therefore the penalty is severer than in usual murder cases. The purposes of punishment is devided into three categories as follow: 1. To protect some special persons: ascendant, officer and officer assistant. 2. Characteristics or methods of the offense are more severe than in usual murder cases and indicates the vicious mental status of the wrongdoer. They comprise premeditated murder and murder by employing torture or acts of cruelty. 3. The offender has certain special purposes: the murder is preparing or facilitating the commission of the other offense; or seciring the benefit obtained through the other offense, or concealing the other offense or escaping punishing for the other offense commited by him. The research is to find out ; if the provision in Article 289 covers every aspect of gravity of offense of murder. The result of the study shows that some kinds of gravity should be included in the statute. But Thai Penal Code does not cover it even such conducts are severe as provided in Article 289. As a result, I wish to propose that the gravity on offense of murder should be analyzed and amended in order that the gravity in Thai will be appropriate.