Pol Gen Pongpat: Benz driver faces 8 charges but not manslaughter

[webfact]

Pol Gen Pongpat: Benz driver faces 8 charges but not manslaughter



AYUTTHAYA: -- Eight charges have been lodged against the driver who rammed his Mercedes Benz sport car into the rear of another car which caught fire and killed two occupants inside, said Pol Gen Pongpat Pongcharoen, the deputy national police, at a press conference held at the provincial police bureau in Ayutthaya province on Tuesday.

The charges against Mr Janepob Veeraporn, a luxurious car dealer, included reckless driving, speeding , driving while not physically capable of driving, drink driving, driving without any concern for the safety of the other people, driving under the influence of narcotic drug and defying police request for alcoholic test.

As for the manslaughter charge which is demanded by the relatives of the two dead victims, both post-graduate students, Pol Gen Pongpat said police have not found any clear evidences that suggest that the suspect had an intention to kill the two victims.’

However, he said that the victims’ relatives have the right to pursue the manslaughter charge against the suspect if they come up with incriminating evidences against him for submission to the enquiry officers or to the public prosecutors in charge of the case.

Source: http://englishnews.thaipbs.or.th/content/161103


-- Thai PBS 2016-04-26

[wxpwzrd]

Intent? Like driving under implied (since they blew the test) influence and at dangerously excessive speed? If he had planned intent that could include premeditation at which point it could be murder.

But then, this is Thailand. He is likely buying his way out of a manslaughter charge while pacifying the angry public with lesser charges.

[GeorgesAbitbol]

"The charges against Mr Janepob Veeraporn, a luxurious car dealer, included reckless driving, speeding , driving while not physically capable of driving, drink driving, driving without any concern for the safety of the other people, driving under the influence of narcotic drug and defying police request for alcoholic test."

equal

500.000thb for the family, 2000thb fine for the police, then go home and sleep tight

[jamesbrock]

...but not manslaughter

Of course not.

police have not found any clear evidences that suggest that the suspect had an intention to kill the two victims

Is there no such thing as involuntary manslaughter in Thailand?

[leeneeds]

We all knew it was coming

you always hope that the right thing will be done ,

sadly a failure of up holding the law,

and i feel ashamed that society lets the lives

so abruptly taken by this imbecile

are deemed to be nothing more than a thought

and lets move on.

So now the parents are left to fight for some recompence that would be justified in most civilised lands.

Shame on you deputy chief !

[macksview]

the only comment on this i should make is, puck me.

the rats on the wheel keep running for their bit of cheese.

glad some charges will be made at least.

how long can this continue?

disgrace bloody disgrace.

[sharecropper]

Astonishing and outrageous - but what isn't in Thailand these days?

[Pimay1]

I don't understand how Pol Gen Pongpat Pongcharoen can face the public after this. This is so wrong on many levels.

[Rayk]

This guy should have at the very least 2 counts of involuntary manslaughter charges brough against him.

Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI).

[Holy Cinema]

Bet he didn't have to go and work in a morgue!!

[brucec64]

He should be charged under section 291 of the thailand criminal code:

Section 291. Negligence

Whoever, doing the act by negligence and that act causing the other person to death, shall be imprisoned not more of ten years or fined not more of twenty thousand Baht.

Hopefully the family will pursue this charge as a private case if the police won't push it through. No intent to kill is required , and the negligence is very obvious.

[Berty100]

Unbelievable.

When the news was posted that the parents of the victims asked for manslaughter charges, all posts on Thaivisa declared that it was not possible to proof that he had the intend to kill the victims.

Now when police announce there can be no manslaughter charges for that exact reason, so far all posts blame the police for not pressing the charges.

A bunch of very sick people on this forum

[krystian]

"The charges against Mr Janepob Veeraporn, a luxurious car dealer, included reckless driving, speeding , driving while not physically capable of driving, drink driving, driving without any concern for the safety of the other people, driving under the influence of narcotic drug and defying police request for alcoholic test."

equal

500.000thb for the family, 2000thb fine for the police, then go home and sleep tight

No Homicide or murder charges? yeah bail out and sleep tight

[smedly]

this scumbag should be facing jail, now it will be a few thousand baht fine and he will be out on the roads in a few days if he isn't already, what sort of message is this sending to others who drink and drive in a country with the worst road death toll in the world, what is wrong with these people, they just don't get it, this country is a lost cause - be careful out there

[smedly]

two young innocent lives wasted away, how sad

[jamesbrock]

Unbelievable.

When the news was posted that the parents of the victims asked for manslaughter charges, all posts on Thaivisa declared that it was not possible to proof that he had the intend to kill the victims.

Now when police announce there can be no manslaughter charges for that exact reason, so far all posts blame the police for not pressing the charges.

A bunch of very sick people on this forum

Actually, the parents of the victims sought "premeditated murder" charges, not manslaughter charges - which is what some of the posters, quite rightly, declared impossible to prove.

You can revisit that post here: http://www.thaivisa.com/forum/topic/911466-victims-families-seek-premeditated-murder-charge-for-mercedes-driver-over-fatal-crash/

I won't even address your last statement...

[Usual Suspect]

Again..When this news reaches the press in the western world, it will (again) paint yet another bad picture of this country..& may, just may swing future tourists to book their long-haul holiday wlsewhere..?

But we all know don't we that the Thais don't give a damn what farangs think of their actions..their long-term foresight only lasts till the coming weekend.

This nation is fast becoming a lawless society!

[dominique355]

Someone who drives with 250km/h on this crowded motorway must know that the slightest inattention can have catastrophic consequences. If he nevertheless does drive at the speed on this crowded motorway he has what lawyers call "dolus eventualis " to kill.

That means he did not want to kill but if it happens anyway, he is fine with it.

It a sort of intent to kill and should be prosecuted accordingly.

The police should just gather the facts and then hand over the file to the attorney general who will formulate the legal consequences and charges against the suspect.

In other words, it is not up to the police to decide what charges are brought against the driver.

That would be the rule of law.

[phoenixdoglover]

One would get the impression from the charges, that it was all just bad driving, and that no accident or deaths occurred.

This is really shameful.

[smedly]

Again..When this news reaches the press in the western world, it will (again) paint yet another bad picture of this country..& may, just may swing future tourists to book their long-haul holiday wlsewhere..?

But we all know don't we that the Thais don't give a damn what farangs think of their actions..their long-term foresight only lasts till the coming weekend.

This nation is fast becoming a lawless society!

I do not agree with your last sentence, things have improved but what it shows is just how bad it was before, at least this man is facing charges, 3 years ago you would never have heard of the incident again, but they need to go a lot further to get anywhere close to western standards

[DavisH]

The family of the victims should make it clear the perpetrator is much safer in jail. I take care of him if those were my kids killed...personally.

[NCC1701A]

OMG.

I wonder what it costs to get the police to do this sh*T.

[oldsailor35]

Got to be honest. If it was a kid of mine that he killed, i would take the money and spend as much as necessary making sure that he never drives again. Battery acid in the eyeballs helps.

[taony]

Problem is the rest of the country. No one complains outside of a few facebook posts. No one protests. No one demands accountability from "government " "officials". Nothing will change. No one is even protesting outside the family business.

[taony]

Unbelievable.

When the news was posted that the parents of the victims asked for manslaughter charges, all posts on Thaivisa declared that it was not possible to proof that he had the intend to kill the victims.

Now when police announce there can be no manslaughter charges for that exact reason, so far all posts blame the police for not pressing the charges.

A bunch of very sick people on this forum

Actually, the parents of the victims sought "premeditated murder" charges, not manslaughter charges - which is what some of the posters, quite rightly, declared impossible to prove.

You can revisit that post here: http://www.thaivisa.com/forum/topic/911466-victims-families-seek-premeditated-murder-charge-for-mercedes-driver-over-fatal-crash/

I won't even address your last statement...

The "police " also filed eight other charges that the family didn't ask for. So what's your point? Edited April 26, 2016 by taony

[tx22cb]

The students were not well-connected enough, and some deals were made with the police.

Pity the PoS did not kill someone really really important - then he would have been charged with murder.

[gandalf12]

THe charge of manslaughter should stand. He didnt mean to kill them well if he had that would be murder.

[gandalf12]

...but not manslaughter

Of course not.

police have not found any clear evidences that suggest that the suspect had an intention to kill the two victims

Is there no such thing as involuntary manslaughter in Thailand?

Evidently not. Neither is there any real form of justice

[pookiki]

Legal definition of Manslaughter:

The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection.

Manslaughter is a distinct crime and is not considered a lesser degree of murder. The essential distinction between the two offenses is that malice aforethought must be present for murder, whereas it must be absent for manslaughter. Manslaughter is not as serious a crime as murder. On the other hand, it is not a justifiable or excusable killing for which little or no punishment is imposed.

At Common Law, as well as under current statutes, the offense can be either voluntary or Involuntary Manslaughter. The main difference between the two is that voluntary manslaughter requires an intent to kill or cause serious bodily harm while involuntary manslaughter does not. Premeditation or deliberation, however, are elements of murder and not of manslaughter. Some states have abandoned the use of adjectives to describe different forms of the offense and, instead, simply divide the offense into varying degrees.

[WhizBang]

me, is thinking that this is the start of the whitewash. Money has changed handsThe powers that be seem to be confusing premeditated murder with manslaughter.

I agree that there is no reason for a premeditated murder charge, but there sure is a solid reason for a manslaughter charge.

But, cynical me, is thinking that this is the start of the whitewash. Money HAS changed hands.