Bangkok Legal Service

Legitimate Victim Status in Homicide by Premeditated Crime

Legal illustration: Legitimate Victim Status in Homicide by Premeditated Crime
Legal illustration: Legitimate Victim Status in Homicide by Premeditated Crime

Article 3. In cases of death, the court shall sentence the defendant for causing death by premeditation and possessing a firearm without authorization. Specifically, the act of an unregistered marriage, the children of Mr. Nuan, born from a non-registered wife, and the adopted children registered by Mr. Nuan, may jointly file as plaintiffs with the registered marriage attorney. The prosecutor’s power in this matter is sufficient? The crime of possessing a firearm is solely the damage caused by the state. The plaintiff is . Answer 1. Not a victim, therefore no specific person is implicated. Consequently, the wife, children, and adopted children of Ms. Nuan are not victims and have no right to file as joint plaintiffs. This is based on (the Criminal Procedure Code, Section 2(4), 30). The crime of causing death by premeditation, for a non-registered wife, 2. Is not a legally recognized act and therefore is not a victim. They have no right to file as joint plaintiffs with the prosecutor (the Criminal Procedure Code, Section 2(4)). The children of Mr. Nuan born from a non-registered wife are considered legitimate descendants; therefore, they are a victim and have the right to file as joint plaintiffs with the prosecutor (the Criminal Procedure Code, Section 2(4)). Adopted children registered by Mr. Nuan are not considered legitimate descendants of Mr. Nuan. It cannot be stated that they are “legitimate descendants” (the Criminal Procedure Code, Section 5(2), 31).

In a criminal case, the Court of Appeal overturned the initial court’s judgment.