Inheritance Claim Based on Penal Code Abuse Provisions
The Plaintiff lodged a complaint with the investigating officer, but the investigating officer had already considered the matter and imposed a sentence on Mr. Dam. The Court of Appeal overturned Mr. Dam’s conviction, and Mr. Daeng’s appeal was upheld. The Prosecutor subsequently refiled the case against Mr. Dam, leading Mr. Daeng to request to withdraw his defense. The Court considered that Mr. Daeng would join the Prosecutor as a plaintiff. The case between the Plaintiff and the Defendant and witnesses was concluded. However, Mr. Daeng was ill. Mr. Khiao, the son of Mr. Daeng, born from a wife who was not legally registered, filed a complaint. The Plaintiff, together with the Prosecutor, opposed Mr. Khiao’s inclusion as a co-plaintiff. Although Mr. Khiao is the heir of Mr. Daeng, this case does not conform to the Penal Code. Because Mr. Daeng, the victim, did not die from abuse as stipulated in Section 5 (2) of the Penal Code, and Section 29