Child Abandonment

Let us look at child abandonment as I have added the relevant laws below. These sections outline the legal provisions regarding the abandonment of children, sick persons, or aged persons in Thailand. There are a number of articles on this website ranging from fraud, murder as well as assault. Speak to our Thailand criminal court lawyers on here.

Likewise also see the difference between the cheating creditors compare to fraud.  Lastly also see the law when it comes to robbery in Thailand as well as extortion. 

Section 306

This section deals with the abandonment of children under nine years of age. If someone abandons a child with the intention of completely leaving them without care, they can be punished with imprisonment for up to three years, a fine of up to six thousand Baht, or both.

The case example shows how this can be viewed in a number of different ways.

Abandonment or Murder

The defendant’s actions can be considered as deliberate and with intent to harm the child. The defendant took steps to conceal the birth and then intentionally placed the child in a situation where harm was likely to occur, resulting in the child’s death.

Given the deliberate nature of the actions and the foreseeable consequence of harm to the child. One could very well argue that the defendant acted with the intent to kill. Additionally, the fact that the defendant did not want the child further supports the notion that the actions were intentional.

In light of Section 59 (criminal liability), paragraph two of the Criminal Code, which states that circumstances indicating the absence of the defendant’s intention to abandon the child at a hospital does not apply. However, it suggests that the defendant cannot claim lack of intent based on the failure to leave the child at a hospital. In Roman Dutch law this falls under the concept of mens rea (criminal intent), or the mental state of the defendant at the time of committing the crime.

Therefore, based on the circumstances described, it is likely that the defendant could be charged with the offense of murder under the relevant sections of the Criminal Code. Supreme Court Judgment No. 1599/2511

Section 307

This section applies to individuals who have a legal duty. This either through law or contract, to take care of a person in a helpless condition due to age, sickness, or infirmity. If such a person abandons the helpless individual in a manner that could endanger their life. Likewise, they can face imprisonment for up to three years, a fine of up to six thousand Baht, or both.

The following case shows the distinction between child adornment and take a child away from their parents. The defendant, employed as a household worker, undertook various tasks including cooking, laundry, and childcare when free. However, the defendant took a 10-month-old child. This belonging to the employer, and entrusted them to another individual, claiming the child was their own. This action constitutes taking the child away from their parents under Section 317. Sections 306 and 307, which pertain to child abandonment, do not apply in this case as the defendant did not abandon the child but rather took them away from their parents.

Section 308

If the abandonment described in either Section 306 or Section 307 leads to the death or serious bodily harm of the abandoned person. The offender will be punished as provided in Section 290 (relating to causing death by negligence). Likewise, Section 297 (relating to causing bodily harm by negligence), or Section 298 (relating to causing serious bodily harm by negligence).

These provisions aim to protect vulnerable individuals. This for children, the sick, and the elderly, by imposing penalties on those who abandon them without proper care and support.

Lastly also speak to our Thailand criminal court lawyers at our law firm in Bangkok.