Page:New penal code of Siam (Masao T, 1908).pdf/13



The tendency of modern legislation in regard to juvenile offenders is to recognize them more and more as a distinct class of unfortunate children and to give more and more freedom to the Judge in dealing with them. In most cases they are either orphans or castaways, or children of parents who have not made their homes sweet to their children. Some of them may be of a comparatively good sort: others may be of an absolutely bad sort. In some cases, a mere admonition from the Judge may be sufficient: in other cases it may be necessary to do a great deal more than that. What is certain in all cases is that they should not be sent to ordinary jails where they may only be expected to receive a further training in the profession of crimes. It is clear then that the Judge should be given considerable freedom in dealing with juvenile offenders, so that he may act according to the requirements of each particular case. In the case of an orphan or castaway who, in the opinion of the Judge, requires more than a mere admonition, the best and the only thing that can be done may be to send him to a Reformatory School. But in the case of the child of one who has failed to make his home sufficiently attractive to his family, it may be said that the responsibility for the child’s offence rests not less (or perhaps more) on the parent than on the child, and it may be well to bind over the parent in some way for the good behaviour of the child.

The system adopted in the new Penal Code of Siam is substantially the system in use in England, Japan and Egypt, and meets all those contingences above suggested. Children under seven are absolutely irresponsible. Children over seven and under fourteen are presumed to be irresponsible but may be admonished, or sent to a Reformatory School, or handed over to parents under a bond for good behaviour,, according to the requirements of each particular case and as the Judge thinks fit. Children over fourteen and under sixteen are also presumed to be irresponsible, but this presumption may be rebutted. Unless it be rebutted they are to be dealt with in the same way as children between seven and fourteen. If it be rebutted and a child between fourteen and sixteen is proved to have attained sufficient maturity of understanding to judge of the nature and illegality of his conduct, he is to be punished with half the punishment provided for the offence. Even then