74: เด็กอายุ 12 ถึง 15 ปี: มาตรการแทนโทษ

คำแปลภาษาอังกฤษ

A child over twelve but not over fifteen years of age who commits an act that the law provides to be an offence shall not be punished, but the court has the power to take the following actions:
(1) to admonish the child and then release the child, and if the court thinks fit it may also summon the father, mother, guardian, or the person with whom the child resides to be admonished;
(2) if the court is of the opinion that the father, mother, or guardian is able to take care of the child, to order the child to be delivered to the father, mother, or guardian, laying down a requirement that they shall watch over the child so as not to commit an act of mischief throughout the period fixed by the court, which must not exceed three years, and fixing such sum of money as the court thinks fit, not exceeding ten thousand baht on each occasion, which they must pay to the court if the child commits an act of mischief. But if the child resides with a person other than the father, mother, or guardian, and the court is of the opinion that it is not appropriate to summon the father, mother, or guardian to have such a requirement laid down, the court may summon the person with whom the child resides and ask whether that person will accept a requirement of the kind provided above; and if that person accepts it, the court shall order the child to be delivered to that person, laying down that requirement;
(3) to send the child to a school, to a training and instruction institution, to a mental guidance institution, or to a place established for the training and instruction of children, for the period fixed by the court, but not beyond the day on which the child attains the age of eighteen years.
Where the court delivers the child to the father, mother, guardian, or the person with whom the child resides under (2), the court may also fix conditions for controlling the child's conduct in the same way as provided in Section 56, and in such a case the court shall appoint a probation officer or any other official to control the child's conduct.
Where the child has no father, mother, or guardian, or has one but the court is of the opinion that they are unable to take care of the child, or where the child resides with a person other than the father, mother, or guardian and that person does not accept the requirement mentioned in (2), the court may order the child to be delivered to such person or organisation as the court thinks fit, to take care of, train, and instruct the child for the period fixed by the court, where that person or organisation consents. In such a case that person or organisation has the powers of a guardian only for the purposes of taking care of, training, and instructing the child, including fixing the child's place of residence and arranging suitable work for the child, or child welfare protection may be undertaken under the law relating to that.
As to an order of the court under (2), (3), the second paragraph and the third paragraph, if at any time within the period fixed by the court it appears to the court, of its own knowledge or on the submission of an interested person, of the public prosecutor, of the person or organisation to whom the child was delivered for care, training, and instruction, or of an official, that the circumstances relating to that order have changed, the court has the power to vary or amend that order, or to make a new order under the powers in this Section.

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