ภาษาไทย The Study of the Application of the Death Penalty to Rape

Abstract

This research article intended to 1) Study concept theory and evolution of the punishment for the offense of rape 2) A comparative study of the death penalty for rape offenses between Thailand and India. 3) Study of introducing the death penalty to be used with the offense of rape. And 4) Suggestions for ways to improve introducing the death penalty applied to the offense of rape. Use a qualitative research using document research method from legal code, Supreme Court articles, journals, documents and informations from electronic media both the laws of Thailand and foreign laws by analyzing and comparing information to find conclusion and suggestion for the amendment of the law. The study found that 1) Thailand has evolved punishment for an offense of rape from the past to the present. 2) A study comparing the death penalty between Thailand and India found that India imposed the death penalty for rape of children under the age of 12 year. 3)  The current death penalty in the offense of rape according to the Criminal Code (Edition 27) year 2019 determined to be sentenced to death only if the offender causing the raped only suffered serious harm or even death but the rape considered to have an impact both physically and mentally when raped in the most serious of the raped therefore the law should be imposed severe penalties. And 4) to prevent and deter not to cause any wrongdoing rape base therefore proposed the introduction of the death penalty applied to the offense of rape.