Thailand’s Criminal Code now conforms with the Convention on the Rights of the Child. Hitherto, the age of legal immunity was 10. This is step forward for child protection. Courts can now place minors in foster care with individuals and agencies rather than simply fine parents.
Bangkok (AsiaNews) – Thailand has raised the age of criminal responsibility. “Children under the age of 12 shall not receive penalties for committing actions that are deemed to violate the law,” reads the 29th amendment to the Criminal Code.
Published in the Royal Gazette last Wednesday, the changes, which came into effect today, amend Sections 73 and 74 of the said Code.
Minors who commit offences under 12 now have legal immunity. Children aged 12 to 15 will also enjoy the same, but courts can impose measures that may include placing the children in custody, rehab or foster homes.
Under the old provisions of the Criminal Code, minors under 15, their parents or legal guardians, could be fined if they reoffended.
Courts can now require offending children aged under 18 to get training, attend school or undergo psychiatric treatment. They can also place children in the care of guardians or social agencies if they deem that parents are incapable of caring for children.
The amendment represents a step forward in child protection. Just imposing legal obligations on natural parents created problems to the system since far too many children are of uncertain parentage or entrusted to individuals other than their parents.
Thai authorities changed the law based on scientific data that show that the brain development of 12-year-olds is no greater than that of 10-year-olds so that they are not fully cognizant of their actions.
In doing so, they adapted the country’s legislation to international norms as embodied in the Convention on the Rights of the Child in place since 2 September 1990, which Thailand ratified in 2012.