Minor’s Claim Rejected Due to Lack of Legal Representation
Ms. Somsri, a minor of 16 years of age on the date of the hearing, affirmed her claim, jointly with the Prosecutor, that the Court shall order a petition for admission as a co-plaintiff against whom, and if Mr. Sompong wishes to join as a co-plaintiff without legal impediment, whether Mr. Sompong may join as a co-plaintiff. Assuming that prior to Mr. Sompong’s request to join as a co-plaintiff, Ms. Somsri was fatally shot by an assailant, this will render Mr. Sompong’s right to prosecute against the defendant null and void. Ms. Somsri is a minor and therefore lacks the capacity to be a co-plaintiff pursuant to the Civil Procedure Code, Section 56 and the Criminal Procedure Code, Section 15. The Criminal Procedure Code, Section 5(1) stipulates that a legal representative shall prosecute on behalf of a minor. In this case, the Court must issue an order rejecting Ms. Somsri’s petition to join as a co-plaintiff.
Regarding the case of Mr. Sompong, the father, who claims to be legally incapacitated, submitted a petition to join as a co-plaintiff, which was also rejected. This is because a father is not deemed a legal representative capable of prosecuting as a victim pursuant to the Criminal Procedure Code, Section 5(1).
Concerning the subsequent death of Ms. Somsri, she also submitted a petition to join as a co-plaintiff. Although she is a surviving spouse, she can only prosecute in criminal offenses where the victim has been fatally injured or seriously injured to the extent of being unable to manage affairs herself, as stipulated in the Criminal Procedure Code, Section 5(2). However, in this case, Ms. Somsri was fatally shot by an assailant, not as a result of sexual assault, and therefore she has no authority to join as a co-plaintiff.
Mr. Somchart was investigated by the Police Station, Bangkok.