Thailand Law Library

by Thailand Lawyer

For the purpose of compounding an offence of domestic violence, a competent authority or court, whichever applies, may appoint a mediator or panel of mediators, consisting of the fathers, mothers, guardians or relatives of the parties or other persons found appropriate by the competent authority or court; prescribed that these mediators shall provide advice or assistance in adopting a compromise between the parties. Otherwise, the competent authority or court may direct any social worker, social work agency or person to assist in adopting a compromise between the parties.

Upon having fulfilled the order of the competent authority or court, the mediators under paragraph 1 shall report the mediation outcome to the competent authority or court, as the case may be. If the mediation is successful, the mediators shall draw up a compromise or may request the competent authority or court to direct the parties to conclude a compromise in the presence of the competent authority or court.

Should the competent authority or court find that the compromise is lawful and not contrary to public order or good morals, the competent authority or court shall set the compromise in operation.

The Ministry of Social Development and Human Security shall draw up an annual report stating the amount of domestic violence cases, the amount of the orders indicating provisional measures or reliefs, the amount of the violations of the orders indicating provisional measures or reliefs rendered by the competent authorities and courts, as well as the amount of the compromises adopted. The Ministry shall also once a year submit the report to the Council of Ministers and the National Assembly for their acknowledgement.

The Minister of Social Development and Human Security shall be in charge of this Act and be empowered to appoint the competent authorities as well as issue the ministerial regulations and rules for the execution of this Act.

Those ministerial regulations and rules shall take effect upon their publication in the Government Gazette.

Countersigned by:
General Surayud CHULANONT,
Prime Minister

Statement of Grounds

The grounds for promulgation of this Act are as follows: The domestic violence problems are of delicate and complicated nature, involve many intimate persons, and have special characteristics which distinguish them from the cases of causing bodily harm in general. These problems cannot be dealt with perfectly by the criminal measures under the Criminal Code which are intended to penalize the offenders, rather than to reform them or protect the domestic violence victims. For these reasons, the establishment of a law on protection of domestic violence victims would be more appropriate than the enforcement of the criminal measures. Under such law, the exceptional forms, methods and processes of criminal prosecution could also be adopted, with a view to enabling the offenders to reform themselves, preventing them from relapsing into offences, maintaining good relations amongst families, and entitling the children, juveniles and family members to the State-provided protection from the acts of violence and unfair treatments. It is therefore necessary to enact this Act.