Help With Legal/criminal Terminology

[Johpa]

Need some help with an area of Thai vocabulary that until now has been outside of my experience range. The terms are:

criminal trespass

breaking and entering

illegal entry

Thanks in advance

[tgeezer]

I have a dictionary of legalese; I tried the RID website also with same results, so here are some terms which you might look at.

Trespass (verb)บุกรุก ล่วงละเมิด

noun prefix with การ person/agent prefix with ผู้

trespass to goods - การล่วงละเมิดทรัพย์

trespass to land - การบุกรุกที่ดิน

trespass to the person -การล่วงละเมิดบุคคล

The RID advises to check in other documents or books before using.

Yesterday in a redshirt attack on a motorist the motorist didn't use these terms just said เขาข้ามทำลายผม so if someone came into your house I would be tempted to just say so.

Edited March 13, 2010 by tgeezer

[anchan42]

What is the different between criminal trespass and illegal entry in English or American law?

I think they both would be classed as บุกรุก in Thai law.

breaking and entering would be separated into two charges, causing damage to property ทำให้เสียทรัพย์ and trespass บุกรุก

There is a sub clause in the law saying that is the trespass was done in the manner of:

1 Using force to cause bodily harm or threaten to do so

2 using weapon or 2 people and above commit the crime together or

3 happen during the night time.

the penalty will increase from 1 year in prison and/or 1000 THB fine to 5 years and/or 10000 THB fine.

What is the differences between these terms in English?

1st degree murder

1nd degree murder

manslaughter

premeditated murder

[bhoydy]

From an online legal dictionary

first degree murder n. although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, by poison or as part of a scheme), in conjunction with felonies such as rape, burglary, arson, involving multiple deaths, the killing of certain types of people (such as a child, a police officer, a prison guard, a fellow prisoner), or with certain weapons, particularly a gun. The specific criteria for first degree murder are established by statute in each state and by the United States Code in federal prosecutions. It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter which lacks premeditation and suggests that at most there was intent to harm rather than to kill.

That seems to cover them all and would class a premeditated murder as 1st degree.

[CSS]

What is the different between criminal trespass and illegal entry in English or American law?

I think they both would be classed as บุกรุก in Thai law.

breaking and entering would be separated into two charges, causing damage to property ทำให้เสียทรัพย์ and trespass บุกรุก

There is a sub clause in the law saying that is the trespass was done in the manner of:

1 Using force to cause bodily harm or threaten to do so

2 using weapon or 2 people and above commit the crime together or

3 happen during the night time.

the penalty will increase from 1 year in prison and/or 1000 THB fine to 5 years and/or 10000 THB fine.

What is the differences between these terms in English?

1st degree murder

1nd degree murder

manslaughter

premeditated murder

I believe you already got an answer for the question on kinds of murder.

For trespass and illegal entry the key distinction is that with (criminal) illegal entry, the entry into a building is with the intent to commit a crime. Criminal trespass involves, as related to illegal entry, wrongful entry into another's property, whose property is clearly marked against trespass, or remaining on another's property after being ordered off by one authorized to do so.

Would those still fall under the same term, บุกรุก, in Thai law?

[anchan42]

I believe you already got an answer for the question on kinds of murder.

For trespass and illegal entry the key distinction is that with (criminal) illegal entry, the entry into a building is with the intent to commit a crime. Criminal trespass involves, as related to illegal entry, wrongful entry into another's property, whose property is clearly marked against trespass, or remaining on another's property after being ordered off by one authorized to do so.

Would those still fall under the same term, บุกรุก, in Thai law?

Hmm...Not sure but I think they still fall under บุกรุก. My knowledge in law is minimum. I can only go with my perception of the law.

Would a bank robber be charged with illegal entry and robbery in the US?

bhoydy ,thank for the explanation. Am I correct to say that manslaughter and 2nd degree murder is the same?

[anchan42]

Yesterday in a redshirt attack on a motorist the motorist didn't use these terms just said เขาข้ามทำลายผม so if someone came into your house I would be tempted to just say so.

I have not watch the news but I think he might be saying something like เขาเข้ามาทำร้ายผม

[bhoydy]

I believe you already got an answer for the question on kinds of murder.

For trespass and illegal entry the key distinction is that with (criminal) illegal entry, the entry into a building is with the intent to commit a crime. Criminal trespass involves, as related to illegal entry, wrongful entry into another's property, whose property is clearly marked against trespass, or remaining on another's property after being ordered off by one authorized to do so.

Would those still fall under the same term, บุกรุก, in Thai law?

Hmm...Not sure but I think they still fall under บุกรุก. My knowledge in law is minimum. I can only go with my perception of the law.

Would a bank robber be charged with illegal entry and robbery in the US?

bhoydy ,thank for the explanation. Am I correct to say that manslaughter and 2nd degree murder is the same?

It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter which lacks premeditation and suggests that at most there was intent to harm rather than to kill.

So from that i would take it that in 2nd degree murder there would be intent to harm and perhaps intent to kill also whereas manslaughter it says at most there was intent to harm rather than kill.

I'm waiting for my Thai criminal lawyer friend to come online so i can ask her about the OP.

[tgeezer]

Yesterday in a redshirt attack on a motorist the motorist didn't use these terms just said เขาข้ามทำลายผม so if someone came into your house I would be tempted to just say so.

I have not watch the news but I think he might be saying something like เขาเข้ามาทำร้ายผม

Just had another look; เขาว่งข้ามมาทำร้ายผม is what he said, the point is that it is better to just report without legalese.

[bhoydy]

I believe you already got an answer for the question on kinds of murder.

For trespass and illegal entry the key distinction is that with (criminal) illegal entry, the entry into a building is with the intent to commit a crime. Criminal trespass involves, as related to illegal entry, wrongful entry into another's property, whose property is clearly marked against trespass, or remaining on another's property after being ordered off by one authorized to do so.

Would those still fall under the same term, บุกรุก, in Thai law?

Hmm...Not sure but I think they still fall under บุกรุก. My knowledge in law is minimum. I can only go with my perception of the law.

Would a bank robber be charged with illegal entry and robbery in the US?

bhoydy ,thank for the explanation. Am I correct to say that manslaughter and 2nd degree murder is the same?

My friend has just graduated in law and she concurs with them falling under the term บุกรุก, but she'll check with her boss on Monday to get a detailed explanation.

[CSS]

I believe you already got an answer for the question on kinds of murder.

For trespass and illegal entry the key distinction is that with (criminal) illegal entry, the entry into a building is with the intent to commit a crime. Criminal trespass involves, as related to illegal entry, wrongful entry into another's property, whose property is clearly marked against trespass, or remaining on another's property after being ordered off by one authorized to do so.

Would those still fall under the same term, บุกรุก, in Thai law?

Hmm...Not sure but I think they still fall under บุกรุก. My knowledge in law is minimum. I can only go with my perception of the law.

Would a bank robber be charged with illegal entry and robbery in the US?

Depends on the jurisdiction. In some jurisdictions illegal entry is a lesser included offense of burglary, which means anyone who committed burglary had to also have committed illegal entry. Based on the merger doctrine, generally, the perpetrator, if convicted of the more serious crime of burglary would not also be convicted of the lesser crime of illegal entry because it is already included within burglary. Though it depends on the specifics of the jurisdiction.

[anchan42]

Thanks for all the answers.

I don't really want to turn this to English forum but I am really curious and could not find an satisfying answer anywhere else.

When a lawyer say "waive reading", What does he mean?

[zaphodbeeblebrox]

When a lawyer say "waive reading", What does he mean?

You have the right to have the criminal charge read out loud in court, before proceedings begin. You can waive that right which obviates the need for a formal reading of the charges in court.