An International Comparative Legal Study of Determining Predicate Offences for Receiving Stolen Goods in Thailand, the United Kingdom, and France

Abstract

The enforcement of the offence of receiving stolen goods in article 357 of criminal code of Thailand is restricted. Due to the punishment of such offence is limited by the condition of the punishment in object which is an external fact of the criminal liability; that is to say, the offender of the offence of receiving stolen goods will be punished if the property obtained through only the commission of the offences of theft, snatching, extortion, blackmail, robbery, gang-robbery, cheating and fraud, misappropriation or misappropriation by an official. If the property obtained through the other commission of the offences: demanding or accepting bribe by an official, kidnap, intellectual property infringement, etc., and the offender knows that such property obtained through the commission of the offences, he would not be punished because  these offences are not the predicate offence of the offence of receiving stolen goods. Therefore, I decide to research an appropriate scope and principle to determine the predicate offence of the offence of receiving stolen goods, in order that the offence of receiving stolen goods would be enforced widely and comprehensively to all offences which receive property.