Determining the offense of indecent act to be a state criminal offense

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Nawamin Kanjanarotphan, et. al.


The offense of indecent act according to Section 278, Paragraph one, is considered a critical criminal offense and the penalty is high. At present, it is a compoundable offense and it is the serious offense that has a serious negative effect on the rights and freedoms of the victim’s body and mind. It also affects the entire society causing insecurity and fear. This is the violation of the rules of society that have been regulated in order for members of society to live altogether peacefully. If the victim does not complain within a specified period of time which results in the case to be precluded by prescription without receiving reasonable judicial remedies and to punish the offenders more severely and efficiently, the offense of indecent act should be defined as the state criminal offense. Although the indecent act is a personal offense aiming at truly protecting the injured person, the indecent act has a high penalty. It is also the action that is very criminal affecting the public, morality and the peace of the society entirely. Therefore, it is needed to impose a penalty that is proportionate to the offense and as a punishment to deter, threaten, repeat offenses or imitate. Adhering to this approach, it will help or prevent the issue of rape as well.

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