Outrage in Thailand: the perpetrator of the shooting is too young to be punished

The perpetrator of the shooting at the Siam Paragon shopping center in Bangkok, which killed 3 people and injured 4, cannot be punished because he is only 14 years old.

Thai law states that no child under 15 years old can be subject to criminal penalties, including imprisonment.

The shock and anger of the public after the deadly shooting on October 3 at Siam Paragon turned to consternation when people realized that the perpetrator of the shooting could not be punished.

See: Face to face with terror in Thailand: new testimonies after the shooting

This fact raises a question, which is now being urgently asked throughout Thailand:

Who assumes responsibility in such cases?

At the beginning of the month, Siam Paragon offered compensation of 5 million bahts (130,502 euros) to each bereaved family and 300,000 bahts (7,831 euros) to each injured victim.

The government pays compensation of 1.2 million bahts (31,325 euros) for each death and 50,000 bahts (1,305 euros) for each person injured in the attack.

Other people also provided assistance, including Giffarine Skyline Unity Ltd, which offered 1 million baht (26,096 euros) to support the victims.

The parents of the 14-year-old shooter, whose identity has not been disclosed due to their age, have also promised to fully take responsibility following this shocking massacre.

But so far, it is not known exactly what the author and his family are going to do to help the victims.

The shooter's father has already attended the funeral of the deceased to express condolences and apologize to the family members.

He also refused to file a request for bail for his son, stating that the family "intends to fully cooperate with the authorities in the investigation of the facts and to ensure that this violent incident does not happen again".

Meanwhile, the boy was admitted to Galya Rajanagarindra Institute for psychiatric evaluation.

The main risk, if the young killer is not punished severely, is that he will be emulated.

The crime appears to have been carefully planned and prepared well in advance.

After exhausting his ammunition, the young killer called the police to report that he was only 14 years old and indicated where he was to avoid being injured during the arrest.

He even questioned the police to confirm that he could not be tried because of his young age.

See: The perpetrator of the shooting in Thailand called the police to be arrested quietly

Laws concerning delinquent children

The 14-year-old killer caught on surveillance camera at Siam Paragon shopping center.

In Thailand, children under the age of 12 cannot be charged or punished for a crime.

Children aged 12 to 15 are also protected against criminal penalties, but may be subject to measures imposed by a court.

For example, they can be placed in a protection and observation center for minors, or be subject to probation.

Parents or guardians may also be fined up to 1,000 bahts (26 euros) if the minors in their care do not comply with the conditions of the probation.

Young offenders aged 15 to 17 can be sanctioned.

If no penalty is imposed, they may nevertheless be ordered to follow a rehabilitation program.

But if a court deems that they deserve legal sanction, their sentence (including time served behind bars) is reduced by half.

Three other Thai laws cover offenses committed by minors:

1. The law on the juvenile and family court and on the procedure applicable to juvenile and family cases.
2. The law on child protection.
3. The Civil and Commercial Code.

The first of these laws focuses on the protection of the rights and well-being of children and young people, on correction and rehabilitation.

The second gives priority to the interests of children and punishes anyone who coerces, forces, encourages, solicits, or allows children to break the law.

The civil and commercial code makes adults and minors responsible for crimes they commit against another person.

Article 420 stipulates that any person who unlawfully harms the life, body, health, freedom, property or any other right of another person shall be held responsible.

This law does not exempt minors or persons suffering from mental impairment.

Article 429 makes the parents or guardians of the perpetrator jointly responsible for their act, unless they can prove that they have not failed in their duty of care towards the child.

Parents held responsible

There are many cases in which parents have been sanctioned by the civil court for damages or harm caused by their children.

In 2019, the parents of a minor driver paid more than 42 million baht in compensation after she caused a fatal accident on a highway.

The girl was only 16 years old at the time of the accident in 2010.

The parents had not prevented her from using the vehicle, which means they failed in their duty of care.

The young girl allegedly drove the sedan without a license while using her phone when she crashed into a van carrying students and staff from Thammasat University, killing nine people and injuring four others.

She was sentenced to three years in prison suspended and 192 hours of community service.

See also:

60,000 Chinese have canceled their trip to Thailand after the shooting

Chilling testimony from survivors of the shooting in Thailand, police criticized

Thailand is committed to ensuring tourist safety after the shooting

Source: Thai PBS World