Translation:Protection of Domestic Violence Victims Act, 2550 BE

by National Legislative Assembly of Thailand (2006)

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Seal of the Royal Command

Protection of Domestic Violence Victims
Act,
2550 BE

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Bhumibol Adulyadej R
Given on the 25th day of July 2550 BE
Being the 62nd year of the present reign

His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:

Whereas it is appropriate to have a law on protection of domestic violence victims;

Therefore, by and with the advice and consent of the National Legislative Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Protection of Domestic Violence Victims Act, 2550 BE.

Section2.This Act shall enter into operation upon expiry of a limit of ninety days from the day of its publication in the Royal Gazette onwards.

Section3.In this Act—

“domestic violence” refers to any conduct intended to endanger the body, mind, or health of, or intentionally done in such a manner likely to endanger the body, mind, or health of, a person in the family, or the exercise of force or undue influence to cause a person in the family to do, refrain from doing, or accept any wrongful act, but not including that which is done through negligence;

“person in the family” refers to a spouse, a former spouse, a person one is cohabiting or used to cohabit with as a husband or wife without a registered marriage, a child, an adopted child, a family member, or any person dependent upon and sharing one’s household;

“court” refers to a juvenile and family court under the law on establishment of juvenile and family courts and juvenile and family case procedure;

“relief money” refers to initial compensation for any money or property lost by a domestic violence victim as a result of domestic violence, including the income lost as a result of medical treatment expenses, expenses of finding a new residence, and other necessary expenses;

“psychologist” refers to a psychologist under the Criminal Procedure Code;

“social worker” refers to a social worker under the Criminal Procedure Code;

“competent authority” refers to a person appointed by the Minister to execute this Act and includes an administrative or police official under the Criminal Procedure Code;

“inquiry official” refers to a competent authority authorised by the Minister to serve as an inquiry official under the Criminal Procedure Code; in any locality where no competent authority is authorised by the Minister, an inquiry official under the Criminal Procedure Code shall become an inquiry official under this Act;

“Minister” refers to the Minister in charge of the implementation of this Act.

Section4.Whoever commits an act which constitutes domestic violence commits an offence of causing domestic violence, for which he shall be punished with imprisonment of not over six months, a fine of not over six thousand baht, or both the imprisonment and the fine.

The offence under paragraph 1 shall be compoundable, but this does not annul the offences under the Criminal Code or other laws. If the offence under paragraph 1 also constitutes an offence of causing bodily harm according to section 295 of the Criminal Code, the said offence shall be compoundable.

Section5.A domestic violence victim or any person discovering or learning of domestic violence has the duty to notify a competent authority so that it be proceeded with in accordance with this Act.

When done in good faith, the notification to a competent authority according to paragraph 1 shall enjoy protection and shall not be subject to civil, criminal, and administrative liabilities.

Section6.The notification to a competent authority according to section 5 may be done orally, in writing, through telephone, by electronic means, or by any other means.

Once a competent authority discovers domestic violence or is notified in accordance with section 5, he shall have the power to enter a dwelling place or the venue of the incident in order to interrogate the domestic violence perpetrator, the domestic violence victim, or other persons present thereat with respect to the acts notified, and shall have the power to arrange for the domestic violence victim to receive examination or treatment from a physician and advice from a psychiatrist, psychologist, or social worker. In the event that the domestic violence victim wishes to institute a prosecution, arrangements shall be made for him to lodge a complaint in accordance with the Criminal Procedure Code. But if he is unable or has no opportunity to lodge a complaint in person, the competent authority shall be able to lodge a complaint on his behalf.

The criteria and procedure governing the implementation of paragraph 2 shall be set forth in the regulations designated and announced by the Minister.

Section7.If no notification is given to a competent authority according to section 5 or no complaint is lodged according to section 6 within three months from the time the domestic violence victim is able and has an opportunity to give a notification or complaint, the case shall be deemed to barred by limitation. But this does not exclude the right of the domestic violence victim or interested person to apply for welfare protection according to the law on establishment of juvenile and family courts and juvenile and family case procedure.

Section8.Once a complaint is lodged within the limitation under section 7, the inquiry official shall carry out an inquiry with dispatch and deliver the domestic violence victim, the inquiry file, and an opinion to a public prosecutor for further institution of a prosecution in court within forty-eight hours from the time he receives the delivery of the domestic violence victim. But if necessity prevents the filing of a charge within the said time limit, an application for adjournment thereof for a period of not over six days at a time may be filed with the court, but shall not be granted for more than three times. The law on establishment of municipal courts and criminal procedure for municipal courts shall apply mutatis mutandis.

In the event that the offence under section 4, paragraph 1, is constituted by an act which also violates other laws, the prosecution against the offence under section 4, paragraph 1, in court shall cover the offences under those other laws, save where the offences under those other laws are subject to a higher rate of penalty, in which event the prosecution shall be instituted before the court competent to try the offences under those other laws and the provisions of this Act shall apply thereto mutatis mutandis.

In questioning the domestic violence victim, the inquiry official shall arrange for a psychiatrist, psychologist, social worker, or person requested by the domestic violence victim to also be present for provision of advice during the questioning.

In the event of urgent necessity where there is a proper reason to refrain from waiting for the psychiatrist, psychologist, social worker, or person requested by the domestic violence victim, the inquiry official shall conduct the questioning without having the said person in attendance, but the reason why he cannot be waited for must be recorded on the inquiry file.

The criteria and procedure governing the activities of the inquiry official shall be set forth in the regulations designated and announced by the Minister.

Section9.Once a notification is made in accordance with section 5 or a complaint is lodged in accordance with section 6, no one shall publish or disseminate to the public by any means any pictures, stories, or information which are likely to cause damage to the domestic violence perpetrator or domestic violence victim in a case instituted under this Act.

Whoever contravenes the provision of paragraph 1 shall be punished with imprisonment of not over six months, or a fine of not over sixty thousand baht, or both the imprisonment and the fine.

Section10.In implementing paragraph 8, a competent authority whose status is equivalent to or higher than a superior administrative or police official under the Criminal Procedure Code and who has been authorised by the Minister shall have the power to give an order designating provisional relief measures or methods for the domestic violence victim, whether or not the victim requests it. The power shall enable him to give any order to the extent necessary and appropriate, which includes requiring the domestic violence victim to receive examination or treatment from a physician, requiring the domestic violence perpetrator to provide initial relief money suitable with his status, prohibiting the domestic violence perpetrator from entering the residence of the family or approaching any person in the family, and designating how children should be taken care of.

Once the competent authority has given an order designating one or several relief measures or methods according to paragraph 1, he shall submit the relief measures or methods to the court within forty-eight hours from the day of giving the order designating those relief measures or methods. If the court agrees with the said order designating those relief measures or methods, the order designating those relief measures or methods shall continue to be operative.

In the event that the court disagrees with the order designating those relief measures or methods, either in whole or in part, or the facts or circumstances have changed, the court shall hold an examination and give any order promptly. If the facts or circumstances suffice to give an order, the court may amend, modify, or revoke the order designating those relief measures or methods or give any order, which includes designating additional conditions.

A person interested by the order of the competent authority or court under this section may lodge a written appeal requesting the court to review the order within thirty days from the day of being informed of the order. The judgment or order of the court shall be final.

Whoever contravenes or fails to comply with the order of the competent authority or court shall be punished with imprisonment of not over three months, or a fine of not over three thousand baht, or both the imprisonment and the fine.

Section11.During an inquiry or trial, the court shall have the power to give an order designating relief measures or methods according to section 10 or give any order as it finds appropriate.

In the event that the situations or circumstances related to the domestic violence perpetrator or domestic violence victim have changed, the court has the power to amend, modify, or revoke the order designating relief measures or methods or give any order, which includes designating additional conditions.

Whoever contravenes or fails to comply with the court order shall be punished with imprisonment of not over six months, or a fine of not over six thousand baht, or both the imprisonment and the fine.

Section12.In the event that the court adjudges the domestic violence perpetrator guilty of the offence under section 4, the court has the power to impose methods for rehabilitation, treatment, or behaviour control upon him, require him to provide relief money, perform community service, or refrain from the acts which cause domestic violence, or demand a bond from him according to a procedure and period of time designated by the court, instead of punishing him.

In the event that the offence under section 4 is compounded, the complaint against it is withdrawn, or the charge against it is withdrawn, the inquiry official or court, as the case may be, shall arrange for the initial agreements to be recorded before the offence is compounded, the complaint is withdrawn, or the charge is withdrawn, and impose the methods under paragraph 1 as conditions mutatis mutandis governing the observance of those agreements, in respect of which the opinions of the victims or persons in the family may also be taken into account. If the said agreements and conditions have been observed completely, then the offence under section 4 can be compounded, the complaint against it can be withdrawn, or the charge against it can be withdrawn. If the alleged offender or accused contravenes or fails to comply with the said conditions, the inquiry official or court shall have the power to resume the case.

The criteria and procedure for implementing paragraphs 1 and 2 shall be as set forth in the regulations which are announced and designated in the Royal Gazette by the Chief Judge of the Central Juvenile and Family Court or which are announced and designated by the Minister, as the case may be.

Section13.The Ministry of Social Development and Human Security shall organise a working system in support of the implementation and enforcement of sections 10, 11, and 12, which system shall be designated by a ministerial statute.

Section14.In absence of specific provisions under this Act, the procedure for considering, filing, and admitting evidence shall be governed mutatis mutandis by the law on establishment of juvenile and family courts and juvenile and family case procedure.

Section15.Regardless of how much the trial of a domestic violence case has progressed, the court shall try to reconcile the parties in order to have them adopt a compromise, having chief regard to the peace and coexistence within the family in addition to the following principles:

(1)protection of the rights of the domestic violence victim;

(2)preservation and protection of the marital status as the union of a man and woman who voluntarily cohabit as husband and wife, and if the marital status cannot be preserved, their divorce shall be effected in a fair and least detrimental manner, having chief regard to the welfare and future of their children;

(3)provision of protection and assistance to the family, especially during the time the family is responsible for taking care of and providing education to its minor members;

(4)measures for assisting the reconciliation between the husband, wife, and persons in the family, and allowing them to improve the relationships between themselves and with the children.

Section16.For the purpose of adopting a compromise in a domestic violence case, the competent authority or court, as the case may be, may appoint a person or group of persons composed of the fathers, mothers, guardians, relatives of the parties, or persons found appropriate by the competent authority or court, as a mediator to provide advice or assistance in reconciling the parties so as to enable them to adopt a compromise. Otherwise, a social worker, social work agency, or any person may be authorised to assist in reconciling the parties so as to enable them to adopt a compromise.

Once the mediator or authorised under paragraph 1 has conducted the reconciliation according to the order of the competent authority or court, the mediator or authorised shall also report the outcome thereof to the competent authority or court, as the case may be. If the reconcilation is successful, the mediator or authorised shall arrange for adoption of a compromise contract or may have the parties summoned to conclude a compromise contract before the competent authority or court.

When the competent authority or court finds that the compromise contract is not against the law and peace and order or public morals, the competent authority or court shall implement such compromise contract.

Section17.The Ministry of Social Development and Human Security shall produce an annual report showing the number of domestic violence cases, the number of orders of competent authorities and courts designating relief measures or methods, the amount of contravention thereof, and the number of compromised cases, and submit it to the Council of Ministers and the National Assembly for their information once a year.

Section18.The Minister of Social Development and Human Security shall be in charge of the implementation of this Act and shall have the power to appoint competent authorities and issue ministerial statutes and regulations for the execution of this Act.

Those ministerial statutes and regulations shall enter into operation upon publication in the Royal Gazette.

Countersignature
General Surayud Chulanont
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Domestic violence problems are characterised by sensitivity, complexity, and involvement of intimate persons, which distinguishes them from personal attacks in general. The application of criminal measures under the Criminal Code to domestic violence is unsuitable, because criminal laws intend to punish offenders rather than correct perpetrators or safeguard victims of domestic violence. Accordingly, establishing a law for protection of domestic violence victims is more suitable than using a criminal process, because forms, procedures, and processes different that general criminal prosecutions can be created to allow offenders to enjoy opportunities to reform themselves and refrain from relapsing into offences and to enable preservation of good relations within the family. Furthermore, children, juveniles, and persons in families should be entitled to state-provided protection from violence and unfair treatment. It is therefore necessary to enact this Act.