Chiang Mai Lawyer-Solicitor Chiang Rai Lawyer-Solicitor (St.-Cm. Law Firm) Since 1992 AREA OF PRACTICE Divorce Child Custody Family Law Notary Public Property Company Setup Testament Litigation Criminal Defense Civil Law Tel. 086-4293063, 082-1907466, 088-2516286 Fax: 053-718923 E-Mail: cmlawfirm@hotmail.com, banjonsanlawyer@gmail.com Line ID: 0864293063 Offices: Chiang Rai - Chiang Mai (Hot: chiang mai lawyer-chiang mai solicitor-chiang rai lawyer-chiang rai solicitor)
Wednesday, October 30, 2019
พนักงานฝ่ายปกครองหรือตำรวจจะค้นบุคคลใดในที่สาธารณสถานได้หรือไม่
Sunday, October 27, 2019
BUDDHIST LAW
GOLDEN GATE UNIVERSITY
SCHOOL OF LAW
Thursday, October 24, 2019
ออกหมายจับแล้ว บ้านบางบัวทอง 6 คน ซ่องโจร-อนาจาร "น้องเดียร์"
News: Justice Ginsburg wins $1M prize for ideas that 'have profoundly shaped human self-understanding'
Tuesday, October 22, 2019
รถยนต์หายในห้างสรรพสินค้า ห้างฯรับผิด
Monday, October 21, 2019
News: Kasem wins favourable Appeal Court ruling in his case accusing son of fraud in share transfer
In August last year, Kasem, the co-founder of KPN Group, had approached the Criminal Court accusing Nop, Khunying Korkaew, as well as Surat Joncharaporn, the director of a Hong Kong-based firm Golden Music Ltd, for allegedly collaborating and using fake documents featuring Kasam’s “forged signature” to transfer 99.99 per cent shares of Golden Music to Khunying Korkaew.
Golden Music has a 37.8 per cent stake in WEH.
Source: The Nation
A Crime
Crimes have elements, and these elements are always present regardless of what crime is committed. A crime consists of:
1. the actus reus (an external element also known as the guilty act or the prohibited conduct)
2. the mens rea (an internal element also known as the guilty mind)
Actus non facit reum nisi mens sit rea is a maxim which succinctly captures the whole essence of criminal law. It roughly translates to “an act is not guilty unless the mind is equally guilty”. There cannot be a crime if one element is missing.
Once it is established that both the internal and external element are present, one will then turn to the defences, specifically the lack thereof. The accused’s lawyers must show a proper defence to mitigate the charge against him. If none can be shown, the person can then be properly punished.
Source: Criminal Law, SS Production App.
Sunday, October 20, 2019
Thai child trafficker sentenced to record 374 years in jail
Lex
Saturday, October 19, 2019
Seven Thai female drug smugglers
Wednesday, October 16, 2019
Abduct
(1) To take or carry away a person illegally by force or persuasion. (2) To take away or detain unlawfully a female, intending to force her into marriage, concubinage, or prostitution. (3) For a woman to entice a husband to abandon his wife for her. abduction. See also kidnap, alienation of affections.
Anti-narcotics police seize ฿15 million cash and uncover huge money laundering operation
In multiple raids in Samut Prakan and Nonthaburi provinces yesterday, narcotic suppression officials seized about 15 million baht in cash and many valuables. They also uncovered several bank accounts, allegedly detailing drug money transfers totalling more than one billion baht.
Pol Lt-Gen Chinnapat Sarasin, commissioner of the Anti-Narcotics Bureau, said today (Wednesday) that police are looking for a couple, Mr. Naruphon and Ms. Patthama, who are suspected of laundering drug money for gangs, including the Mun Took Med gang, allegedly led by Pannawat “Ko Kae” (surname not disclosed) who is believed to be hiding in Myanmar.
In the raid, on a luxury house in a high-end housing estate in Bang Muang district of Samut Prakan province, the officials found 6.5 million baht in stacks of 1,000 baht bills stuffed in a suitcase on the ground floor and another 3 million baht in the couple’s bedroom, together with many luxury wristwatches and brand-name bags.
A subsequent search, of the house of a relative of Naruphon, uncovered 5.5 million baht in cash stuffed in a washing machine.
Pol Lt-Gen Chinnapat said yesterday’s raids followed the arrests of two men in Phitsanuloke province in September and the seizure of 500,000 methamphetamine tablets. The subsequent investigation followed the trail of the gang to Mr. Naruphon, who is believed to be the chief financier and allegedly responsible for laundering drug money for several drug gangs.
Source: Thai PBS World / Kitipat Chuensukjit
Tuesday, October 15, 2019
News: 3 underage sex workers rescued in raids on 2 Ang Thog karaoke joints
Ronnarong Thipsiri, head of the Department of Provincial Administration's investigation and suppression division and Sakda Bandasak, sheriff of Ang Thong’s Muang district held a press conference on Monday (October 14) to announce the results of recent raids on a karaoke restaurant and a karaoke massage parlor in Ang Thong province, which were allegedly using under-age girls as prostitutes.
Visit website
Source: NationThailand.com - News
Abrogate: meaning
Thursday, October 10, 2019
Natural Law: History
News:Immigration police use biometric system to nab 3 fake passport holders
Pol Lt-General Sompong Chingduang, the Immigration Bureau commander, announced on Wednesday (October 9) that a total of three foreigners were stopped at Suvarnabhumi Airport in September after the biometric system revealed they had committed passport fraud.
“In the first case, immigration police arrested an Iranian man aged about 47 years holding a French passport and travelling from Germany to Thailand,” he said. “The biometric scanning showed only a 19-per-cent match between his face and passport photo, so we took him into custody.”
The man later confessed that he had bought the fake passport at a train station in France for 520 Euro (Bt17,300) to travel to Thailand and later to Japan to find a job.
The second case happened on the night of September 25, when the police arrested an unidentified Chinese man aged around 57 years holding a Myanmar passport. “The biometric scan identified that his passport’s Machine Readable Zone (MRZ) had been altered,” Sompong said. “The suspect later confessed that he bought the counterfeit passport from Rangoon for MMK 25,000 (Bt500) to travel to Thailand.”
Source: The Nation
Tuesday, October 8, 2019
Natural Law : Judaism
Those who see biblical support for the doctrine of natural law often point to Abraham's interrogation of God on behalf of the iniquitous city of Sodom. Abraham even dares to tell the Most High that his plan to destroy the city (Genesis 18:25) would violate God’s own justice: “That be far from Thee to do after this manner, to slay the righteous with the wicked, that so the righteous should be as the wicked; that be far from Thee; shall not the Judge of all the earth do justly?" This almost Socratic reply became for later writers the beginnings of natural rights theory. In this respect, natural law as described in the interaction between Abraham and God predates the later Greek exposition of it by Plato, Socrates, and Aristotle.
However, an even earlier set of laws is attributed to the Seven Laws of Noah. The seven Noahide laws as traditionally enumerated are the following:
Not to worship idols.
Not to curse God.
To establish courts of justice.
Not to commit murder.
Not to commit adultery or sexual immorality.
Not to steal.
Not to eat flesh torn from a living animal.
According to the Genesis flood narrative, a deluge covered the whole world, killing every surface-dwelling creature except Noah, his wife, his sons and their wives, and the animals taken aboard Noah's Ark. According to this, all modern humans are descendants of Noah, thus the name Noahide Laws in reference to laws that apply to all of humanity. After the flood, God sealed a covenant with Noah with the following admonitions ( Genesis 9):
Flesh of a living animal: "Only flesh with the life thereof, which is the blood thereof, shall ye not eat.” (9:4)
Murder and courts: "And surely your blood of your lives will I require; at the hand of every beast will I require it; and at the hand of man, even at the hand of every man's brother, will I require the life of man. Whoso sheddeth man's blood, by man shall his blood be shed; for in the image of God made He man." (9:5-6)
Source: Philosophy of Law App.by Kirill Sidorov
Counter WidgetNews: Civil society group demands transparent investigation into judge’s suicide attempt
The Cross-Cultural Foundation has urged the Court of Justice to transfer all persons related to judge Khanakorn Pianchana’s supposed statement from their current posts and sought a comprehensive investigation into allegations of interference in the independence of a judge.
The foundation’s statement on Sunday (October 6) came in response to judge Khanakorn’s attempted suicide, alleging interference in his judgement in a criminal case that he was hearing. The judge reportedly shot himself in the Yala courtroom, apparently to protest against interference by his supervisor judges.
The foundation’s statement cited a 25-page statement reportedly published by Khanakorn on his Facebook before it was removed. The judge’s statement reportedly described his difficult situation and allegedly accused his supervisors of trying to alter the verdict in a criminal case he was hearing.
The foundation recounted the background of the legal case, which was elaborated in the 25-page document.
The case involved five defendants accused of committing a murder on June 11 in Yala province.
One suspected criminal was arrested during martial law, which led to more arrests. Five suspects were eventually charged with the murder. The interrogation was done under special law before the case was transferred to normal justice procedure. Judge Khanakorn found the evidence weak against the defendants and wrote his verdict acquitting them of the crime. However, the judge’s supervisors reportedly intervened and ordered him to rewrite the verdict handing the death penalty to three defendants and life sentence to the other two.
The foundation believed that this series of events had led Khanakorn to attempt to kill himself.
It is widely believed that the 25-page document was written by Khanakorn. Court of Justice spokesman Suriya Hongwilai said on Friday that a preliminary enquiry revealed personal stress was the reason behind Khanakorn’s suicide attempt but the court would investigate further.
The Cross-Cultural Foundation said as it has supported the judicial process in the southern region for more than 15 years and the foundation found the 25-page statement important even though it was a one-sided narrative. The document needs to be examined further in order to find the truth for the public.
The foundation demanded three actions from the Court of Justice.
First, every person suspected of being involved in Khanakorn’s predicament must be transferred out of their posts in order to ensure a fair investigation and the designated inquiry team should also include outsiders.
The foundation called for an investigation into alleged special power which had led to the unfair trial of the suspects in the deep South as cited by Khanakorn.
The foundation stated that this was an important cae and it it would test the credibility of the Court of Justice. The court needed to look into alleged unfair trials in order to improve the process. The judicial body could not just dismiss the incident as a personal issue of the judge and leave people in frustration. The stakes are high as it could affect people’s trust in the justice system, the foundation added.
Meanwhile the Office of the Judiciary secretary-general, Sawawut Benjakul, visited Khanakorn at the hospital and said the judge was safe now and he could even converse. But Sarawut did not ask him about Friday’s incident. Sarawut reiterated the independence of the Court of Justice and that judges could make judgements without interference from anybody. He said the Judicial Commission would meet on Monday to look into this incident.
Many netizens expressed their support for Khanakorn while some blamed his action as driven by political motive, with the debate and hate speech on social media showing a very politically divided society.
Sunday, October 6, 2019
News: Judge’s Protest by Attempted Suicide Shakes Judicial Authority
YALA — Thailand’s courts find themselves under intense scrutiny Friday after a judge shot himself to protest alleged interference in a trial that would have sent five men to death row.
Yala senior judge Khanakorn Pianchana pulled out a handgun and shot himself in the chest inside a courtroom moments after he acquitted five defendants of murder and firearm charges. In a court filing leaked on social media after his suicide attempt, Khanakorn said he was pressured by his supervisor to find the men guilty despite lack of evidence.
Khanakorn’s statements were written inside a full court verdict, which is typically released to the press after a ruling.
The judge said he was threatened by regional justice chief Permsak Saisrithong to deliver a guilty verdict on the five defendants, or Khanakorn himself would be placed under a disciplinary hearing if he disobeys.
Khanakorn said he could not bring himself to condemn the men due to lack of hard evidence. If found guilty, the defendants would have faced death penalty.
Source: Khaosode, Teeranai Charuvastra, Staff Reporter.
Saturday, October 5, 2019
Pro bono
Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional volunteerism, it is service that uses the specific skills of professionals to provide services to those who are unable to afford them.
Source: https://en.m.wikipedia.org
Counter WidgetGuilt
"Guilt" is the obligation of a person who has violated a moral standard to bear the sanctions imposed by that moral standard. In legal terms, guilt means having been found to have violated a criminal law, though law also raises 'the issue of defences, pleas, the mitigation of offences, and the defeasibility of claims'.
Source: https://en.m.wikipedia.org
Counter Widget
Natural Law
News: Judge shoots self in court after being forced to change verdict
A judge, Mr. Kanakorn Pianchana, shot himself in the chest in an apparent suicide attempt after delivering a verdict in Yala’s provincial court this afternoon (Friday).
Spokesman for the court said that Mr. Kanakorn is now out of danger after being rushed to the provincial hospital, adding that the judge might be suffering from stress.
A statement, purportedly written by Mr. Kanakorn, has been widely shared on social media and claims that he had been approached by someone who forced him to change the not guilty verdicts against five defendants, condemning three of them to death and sending another two to prison, despite the lack of sufficient evidence to convict any of them.
The judge claims that other junior judges in the court of first instance, like him, are also subjected to the same pressure.
He complained about the unfair treatment of judges in the court of first instance, such as working after office hours to write the verdicts without overtime pay and being forbidden from working in a second job to earn extra income, unlike doctors who can work at their own clinics after finishing their work in hospitals.
In the statement, the judge also urged lawmakers to amend the judicial charter to prevent senior judges from screening the verdicts of the judges in the court of first instance before they are delivered in court.
Source: ThaiPBS, October 4, 2019
Counter Widget
Thursday, October 3, 2019
News: Cops Charge Driver in Crash That Killed 13 Students
BANGKOK — Police on Thursday pressed four criminal charges against a pickup truck driver behind a high-speed crash that killed 13 students earlier this week.
The charges filed against driver Nittaya Sukchan today include driving under the influence leading to deaths of others, investigators said, citing a lab result that reportedly showed an excessive amount of alcohol in his blood.
Three other offenses were reckless driving, damage of properties, and allowing passengers to sit at the back of a pickup truck.
Apart from the 13 students from a vocational college killed in the crash in Samut Prakan on Sunday, six people were also wounded including Nittaya. The driver was hospitalized after the incident.
Speaking to police today, Nittaya said the students were being taunted by local gang members when he picked them up from a mor lam concert, so he sped away from the scene as soon as possible to avoid a confrontation.
Nittaya also said he lost control of the vehicle when he was trying to overtake a car in front of him.
The most serious charge Nittaya faces – fatal DUI – carries a maximum penalty of 10 years in jail.
Source: Khaosod, Teeranai Charuvastra, Staff Reporter, October 3, 2019 5:50 pm.
St. Thomas Aquinas
St. Thomas Aquinas (c. 1224/25–1274) propounded an influential systematization, maintaining that, though the eternal law of divine reason is unknowable to us in its perfection as it exists in God's mind, it is known to us in part not only by revelation but also by the operations of our reason.
Source: https://www.britannica.com
Counter Widget
The Concept of Natural Law
Thomas Aquinas, a Catholic philosopher of the Middle Ages, revived and developed the concept of natural law from ancient Greek philosophy.
Abate - Def.
abate.
To decrease, reduce, or diminish; to end, dismiss, or temporarily suspend a lawsuit.
Wednesday, October 2, 2019
News: ‘LOVE, MONEY, AND OBLIGATION’: WHY (SOME) ISAAN WOMEN LOVE FARANGS
Driving down a dirt road through a rustic Isaan village, one sees concrete houses with garages and satellite dishes strewn all over the vast paddy field. If they don’t belong to the village headman or lotto winner, they must be owned by a mia farang.
A recently-published book by anthropologist Patcharin Lapanun argues that the interracial relationships between a Northeastern Thai women and a Western men do not only create a new generation of luk khrueng mixed-race, but also a new wave of middle class in these villages.
“The social category of mia farang could be read as an emerging class, characterized by enhanced consumption patterns and social recognition,” Patcharin said during a recent launch event of “Love, Money, and Obligation” (2019). “This class also generates tensions with the existing class divisions in the village.”
Her conclusion is the culmination of two years of fieldwork in Na Dokmai village, Udon Thani, where she interviewed more than 150 women married to farangs, known colloquially as mia farang.
But don’t get this seemingly disparaging term wrong. Patcharin found that these women do not simply fall in love with a foreigner because of their wealth or intimacy.
“Marriage between a Thai woman and a Western man is more complex than money or love,” Patcharin said. “It’s a matter of complex motivations and logics of desire that play a big part behind their union.”
Of course, her findings are anecdotal and may not be true for all couples, but she said her work aims to shed new light on interracial marriages with emphasis on how they impact the hometown of these wives.
The Rise of ‘Mia Farang Bourgeoisie’
Patcharin found that mia farang have created a new social class that resembles the urban middle class within their largely agrarian societies.
“These new class is determined by the distinctive consumption and social recognition,” Patcharin said.
As they have more purchasing power than most of the locals, the mixed-couples have brought greater economic activities to the villages, with grocery shops, internet cafes, and even a visa service agency sprung up to cater to their demands.
Their rise might be a boon to local business owners and landlords, but they are not welcomed by everyone.
Some Isaan men loathe women married to foreigners as they are being edged out competitively from the race for sons-in-law, but also does the established local elites.
Although this conflict usually lies low, it rears it heads during certain social events, such as the pha pa merit-making ceremony.
Patcharin observed several instances where villagers would gather at a temple and donate money by hanging banknotes on a “money tree,” and found that mia farangs were the top contributors.
Such praise, which previously belonged to the elites, not only enhance acceptance of these women, but also shake social recognition of local elites who had been seen as a contributing nobleman, the researcher said.
Love, Money, and Obligation
Another central argument that she made is that motivations for interracial love are diverse and complex, thus the title of her book.
“It is not simply a shortcut to wealth, but a channel for women, their natal families, and rural residents to be involved in global processes and opportunities,” Patcharin contended. “It is a combination of various issues that get them married.”
In Isaan culture, the village is organized by matrilocal kinship system whereby son-in-laws are expected to support their wives by remitting money from their wages to upbring the household without earning the mantle of leadership.
However, as Isaan men masculinity has been associated – whether fairly or unfairly – with undesirable habits like drinking away family funds and cheating on their spouses, they are sometimes seen as a bad option for Isaan women.
“He [the local ex-husband] did not take any responsibility for the family and our children,” Nisa, 33, a divorced mother with a daughter said to the researcher. “What I went through could neither be corrected nor was there anything that could make me feel better about Thai men.”
“Believe me, many women [mia farangs] have the same experience,” Nisa added.
In her studies, more than half of the women she interviewed had been previously married to Thai men. Now they have turned their back on Isaan men and lived overseas with their pua farangs, who are mostly Europeans.
These foreign husbands might earn much more than Isaan men, but still, money is not the only factor in the interracial love formula.
“Women imagined Western men as a good family men and reliable provider,” Patcharin said. “They tend to spend time doing things together with their wives and children more than local men.”
But perhaps the most important factor is the obligation these women have to their natal families, which land them into marriage in the first place.
“One of the most important norms in Thai culture is the notion of bun khun and katunyu,” Patcharin said, referring to filial piety concepts in Thai which literally translate to “debt of gratitude” and “repayment of gratitude.”
“Women are expected to take care of their parents when they become sick or old. As they earn more from marriage, they can support their families and fulfil their duties as daughters.”
Source: Khaosod by Tappanai Boonbandit, Staff Reporter, October 2, 2019 3:17 pm
Liberty
Tuesday, October 1, 2019
Human Rights
Human rights are moral principles or norms that describe certain standards of human behaviour and are regularly protected as natural and legal rights in municipal and international law. ... The doctrine of human rights has been highly influential within international law and global and regional institutions.
Source: https://en.m.wikipedia.org › wiki