“Restorative Justice in Thai Court: The Study of Appropriate Model Relating to Domestic Violence”

Source: (2006) Paper presented at the annual meeting of the American Society of Criminology (ASC), Los Angeles Convention Center, Los Angeles, CA, Oct 31, 2006.

The problem of domestic violence has increasingly realized and acknowledged in Thai society that has affected to society grossly. All of administrative agencies and private organizations should cooperate to solve this problem. In case of husband assaulted his wife, when he was sued and adjudicated in court, judge has still used mainstream criminal procedure that focuses on only punishment the accused in domestic violence case. This mainstream criminal justice system is not interested in harm of victim and community and cannot depress the accused returning to recidivism in domestic violence again, so this system cannot solve the problem of domestic violence in Thai society.

This study focuses on the application of Restorative Justice to domestic violence case only relating to husband or wife assaulting each other and finds appropriate proceeding model of domestic violence case in Thai court including legal measure for prevention the accused returning to recidivism in domestic violence again. This study is qualitative analysis by collecting data triangulation that is interview, observation and document. Population is judges, community leaders, injure person and offender in domestic violence pending actions in court.

The result of analysis found that it is reasonable to apply Restorative Justice to domestic violence. Domestic violence should be compoundable offence, character of that should be the action that husband or wife intents to commit the other causing to bodily, mental or healthy harm or enforces immoral power to the other surrendered illegal action. It should allow the third person to participate in trial for advice and assistance judge to mediate the parties and punish the accused suitably. Legal measure for prevention the accused returning to recidivism is suspension of imprisonment, suspension of determination imprisonment, execution a bond and probation including reimbursement for helping injured person. Finally, the suitable court in consideration and adjudication domestic violence case should be The Juvenile and Family Court. The advantages of this study can lead the result to adapt or apply in domestic violence procedure in Thai court for efficiency and effectiveness to prevent the accused returning to recidivism in domestic violence again. (author’s abstract)