Anthropological Archives Database

Year 1958-1961

Legal insanity

February 15, 1969. In the murder case, the accused was close to the murder victim, who had raped his wife. This case had interesting complications, such as 1) Following the killing, the accused (whose wife was raped) was incapable of remembering the incident. 2) There was mental test of the accused by showing pictures from events which were associated to violence and rape. 3) It was necessary to detain the accused in the general prison because in Thailand there was no special hospital for a prisoner of unsound mind. 4) The court would not judge the case until the accused was capable of answering questions. In doing so, the court would consider the medical opinion in the trial.

by : Michael Moerman

Year 1958-1961

Heroin

December 19, 1968. The judge demonstrated the preparation for consumption of heroin to Moerman, and described the symptoms of those who were addicted to heroin. In order to prevent the use of children in trafficking heroin, the court had set a penalty for girls at two-years in prison, to set an example.

by : Michael Moerman

Year 1958-1961

Antapha:n (Gangster)

May 21- 23, 1969. Moerman collected information about the conduct of delinquent cases. Issues of interest were noted such as 1) Under the Constitution, Section 25, if delinquent suspects were unfairly held in custody, the persons could file a lawsuit to the court. 2) The delinquent-conduct accused filed a lawsuit to the provincial governor on the pretext of illegal retardation. 3) In the opinion of Patr, Thai law provided no clear definition on delinquent behavior. 4) Patr and Moerman held different opinions on the unfairness of the order to imprison the accused in the case of delinquent behavior. The accused had no opportunity for litigation. 5) In the trial that the accused was charged with a delinquent behavior, there was a tendency for the court to hear the evidence from only one side. And often the evidence mostly imputed the penalty against the accused. 6) Considering cases of delinquent behavior, Moerman believed that in Thailand Executive Power prevailed over Judical Power.

by : Michael Moerman

Year 1958-1961

Antapha:n (Gangster)

June 1969. Moerman collected information on delinquent behavior cases. Issues of interest noted include 1) The Governor of the province had to testify at the court in the trial of the case of an accused ‘conduct of villain’ 2) The two plaintiffs were detained for over three months because of an allegation of delinquent behavior. 3) Police suspected that the two plaintiffs purchased stolen motorcycles. However, due to insufficient evidence, the plaintiffs were temporarily incarcerated.

by : Michael Moerman

Year 1958-1961

Court procedure

Bordin interviewed the notary about the steps and measures for complaints to the trial court. The discussion included the use of court writs as commands in the trial

by : Michael Moerman

Year 1958-1961

Court procedure

March 12, June 12, 1969. Moerman collected data at the court on issues of interest such as 1) An official who received complaints would receive the complaints and collect fees for the operation of the court. 2) Upon receiving a complaint, the court would send the case to the defendant for acknowledgement. 3) Prior to the hearing, the judge would then arrange for the attorneys of the plaintiff and defendant to discuss the arguments during the trial. They would also discuss which party should present the evidence, this was called "Ka Praden,” which meant that which point would be at issue. Issues that did not appear in the indictment could not be added during the trial. 3) In the daily report is a note is made of all cases and a summary of all cases.

by : Michael Moerman

Year 1958-1961

Court procedure

January 29, March 18, 1969. Moerman noted issues of interest about the court: 1) In the case that the accused was a minor (under age 17 years) and for the accused whose age was 18-19 years, punishment by the judge would not be serious. However in the case of an accused over the age of 20 years, the penalties would be considered equivalent to those of an adult. 2) Rules and procedures for the auction of property which was confiscated from the accused. 3) For filing an appeal it should take about 60 days, but often it took more than 6 months. 4) The chief judge would assign cases to judges on a daily basis, then the court clerk would sent the complaint to each judge.

by : Michael Moerman

Year 1958-1961

Khweng court procedure

April 1, 3, March 17, 1969. Moerman took notes on the district court such as 1) If the defendant did not commit serious faults, most of them were willing to avow because the penalty was less severe. In addition, they did not want to lose a lot of time and money for the defense. 2) The Ministry of Justice handed over punishment imposition (Yi Tok) for those found guilty in a criminal case, in order to use as a benchmark to punish the accused in criminal cases 3) A man was sued by his company in a lawsuit alleging fraud. He chose to fight the lawsuit in court until recovering the costs. The company agreed to pay damages, so he stopped suing. 4) Documents relating to the trial need to be preserved, in order to be used as evidence to apply for a trial at the Appeal Court. They were also used in the consideration of a promotion for judges. 5) the authority of police to control the alleged offender at court.

by : Michael Moerman

Year 1958-1961

Court procedure

December 19, 1968. Moerman made notes on the court system 1) Heroin cases and arson cases were under the responsibility of the court-martial. Most of these cases would not proceed to an appeal. 2) In every case, two copies would be printed of the judge's opinion and the verdict, the first would be held at the court (Court of First Instance?) and the second sent to the Court Of Appeal 3) Most of the cases that proceeded to the Court of Appeal involved money.