Unauthorized Abortion Attempt and Child Abandonment Liability
Article 2: Mr. Don, aged 22 years, and Ms. Duen, aged 21 years, were employed together and developed a romantic relationship, subsequently residing together as husband and wife in a rented dwelling. They had not registered the marriage. Following two months of cohabitation, Ms. Duen exhibited a significant weight gain, and a medical examination conducted by Dr. Somrot revealed that she was approximately four months pregnant. Upon questioning, Ms. Duen admitted to having a prior affair with a male employee before her relationship with Mr. Don. Mr. Don, fearing social stigma, purchased medication intended to induce abortion for Ms. Duen to consume; however, despite taking the medication as advised by the vendor, no abortion occurred. After nine months, Ms. Duen gave birth to a male child, whom they named “Child No. 1.” Both parties experienced significant financial hardship. They agreed to relinquish custody of Child No. 1 until he was two months old. Child No. 1 was placed in a stroller and left abandoned on a pedestrian overpass, intended to be discovered and taken in for care. A good Samaritan discovered the child and reported it to the authorities, who subsequently provided care for the child. The news was reported in the press, and both Mr. Don and Ms. Duen expressed remorse and contacted authorities to request custody of Child No. 1.
Mr. Don and Ms. Duen: What offenses, if any, did they commit, and what punishment should be imposed?
Mr. Don: Mr. Don did not commit any offense of causing abortion, as he did not participate in any wrongdoing.
Ms. Duen: Ms. Duen committed an offense of attempting to induce abortion and is not subject to punishment under Section 304 of the Penal Code. Section 301 and 80 of the Penal Code. However, she is liable for her duty to care for the child and abandoning the child under Section 307 of the Penal Code.
The actions of Ms. Duen constitute an offense under Section 91 of the Penal Code, attempting to induce abortion under Section 301 and 80 of the Penal Code, and is not subject to punishment under Section 30. She is only liable for abandoning the child under Section 307.
Mr. Sompong and Mr. Somsak invited several student friends to consume alcohol.