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

[taony]

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.

Two birds with one stone.

[Artisi]

Very simply summed up--- <deleted>.

[cardinalblue]

What the hell is a low level felony?

[toybits]

Is there a stronger word for Outrageous?

[inzman]

It's the prosecutor that presses charges , not police. But if the brown envelope is presented, the police don't forward it ? Only poor people are subject to jail time here. Don't pick mushrooms in the forest if your poor , 15 years in the pokey. What a pathetic country.

[MaxLee]

A few million Baht for the cops under the table, a free pass for mental illness into monkhood and a classic delay of 5-10 years or until eternity, .... until things are forgotten........

Edited April 26, 2016 by MaxLee

[TPI]

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.

Well said that man!!!

[Baerboxer]

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

Wait until he gets tried and convicted. First the sentence will be halved because he "co-operated" with police (haha). Then it will be suspended because he's never been to prison before.

A fine, some community service, which most likely won't ever be done, possible license suspension which will be ignored, some compensation for the family and a tip for the BiB for a job well done.

The victims, ah well they're dead already see, and so must move on. It was their karma. The bereaved families, ah well they're not very rich connected hiso elites so why are they complaining anyway?

And this masquerades as justice with seemingly on one interested in changing it.

[dcnx]

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?

All charges he will easily walk away from.

He killed people due to drinking and driving, therefore should go to jail. However, he won't. His family will cash everyone out and this will all go away.

[Srikcir]

the victims’ relatives have the right to pursue the manslaughter charge against the suspect if they come up with incriminating evidences against him

And that evidence was already presented by the police!

The prosecutor needs to do his job and charge the driver with two counts of involuntary manslaughter:

Penal Code, Book 1, Chapter 4 - Criminal Liability, Section 59

A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

Ttile X, Chapter 1 - Offense Causing Death, Section 291

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

The accused should be facing up to 20 years prison.

[LannaGuy]

a disgrace

[Rykbanlor]

Some people are alleging that Thailand is better than it was some years ago. Maybe that is so, what with the exposure of these incidents on social media, but being really honest, I don't think much has changed at all, swift justice agaisnt the poor and unconnected as usual, sluggish or no justice at all served against the wealthy and connected. Jeez, even with the social media frenzy surrounding the KT case, they still plodded on with that. Red Bull heir being re-investigated, that was a few weeks ago and I don't hear anymore about that. Sometimes this place really stinks.

[klauskunkel]

not al is lost, maybe they'll get him for jaywalking.

[dddave]

I hope the General enjoys his new Ferrari.

[smutcakes]

I was under the impression that the whole thing with manslaughter was when there was no intent. If there was intent it would be murder surely!

[jamesbrock]

not al is lost, maybe they'll get him for jaywalking.

Maybe the family of his victims ought to plant some mushrooms on him, or, even worse, a red bowl...

[Khun Paul]

I am surprised that death by Dangerous driving is not even being contemplated, unless of course there is no such offence in Thailand , which in all honesty does not surprise me !

[gandalf12]

Is there a stronger word for Outrageous?

How about infuriated?

[gandalf12]

Does anyone know what company this person is the owner of? Just asking so I can avoid giving him any business

[jamesbrock]

Does anyone know what company this person is the owner of? Just asking so I can avoid giving him any business

He owns the luxury car import business 'Luxotic Automotive' - which no longer has a website nor a Facebook page...

[newnative]

Two young people are dead but nowhere is that reflected in the charges. Absolutely no respect or consideration of the victims; it's as if they weren't even there. Probably a few hours of community service in his future--if that.

[mercman24]

for all our wailing and wringing of hands, we all knew this would be the outcome, oh this country is crying out for a hit squad. well according to recent reports they are out there already

[The Deerhunter]

I am sure there is a miss-reporting here confusing murder & manslaughter.

Murder is killing with intent, then by degrees according to laws of each country : i.e, first degree murder etc where such is the law.

Manslaughter is causing someone's death by something you did, possibly with carelessness, stupidity or even knowing they could be injured but not deliberately with intention to cause death.

To me it looks like a prima facie manslaughter case (but not murder) right there so the police opinionas reported seems a bit "unusual." Manslaughter means in most countries that death occurred because of an action but there was no intention to cause actual death. In this case, murder would probably be impossible to prove Hmmmmm!

[GAZZPA]

I thought Manslaughter was killing someone without intent BUT whilst doing something unlawful that they should not doing?

Perhaps I am wrong but if he had intended to kill them it would be premeditated murder, not manslaughter.

Not an expert so someone may put me straight,, either way I hope he faces appropriate justice for his crime.

[GAZZPA]

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.

Don't say that fella, I hope you're wrong or next we will be hearing how the evidence of driving under the influence has gone missing,,,,

[Eric Loh]

For whatever reason or reasons, Pol Gen Pongpat has not considered vehicle manslaughter which is in Thailand Criminal Act. Extract from lawyers.com explain: -

"In general, the difference between murder and manslaughter is that murder requires an intent to kill (or to inflict great bodily injury), but manslaughter does not. Thus, a defendant does not have to intend to kill or injure anyone in order to be guilty of vehicular manslaughter. To be convicted of vehicular manslaughter in most jurisdictions, the prosecution must prove, beyond a reasonable doubt, that:

the driver operated a motor vehicle in a reckless or grossly (severely) negligent manner, and

the drivers conduct caused a fatality.

Reckless or grossly negligent conduct poses a more severe and obvious threat of death than mere carelessness or simple negligence. Recklessness and gross negligence can be shown in a variety of ways, such as driving under the influence of drugs or alcohol or violating certain traffic laws, like speeding, texting while driving, or deliberately running a red light. Ignoring a warning not to drive while taking prescription medication could also constitute reckless and gross negligence, and so could driving with a known medical condition that could affect your ability to drive safely. The extent of the danger created by the drivers actions will usually determine whether the defendant is charged with simple or aggravated (meaning more serious) vehicular manslaughter. Aggravated felonies carry stiffer penalties".

[i claudius]

We keep going on in these posts ,but what else did you expect ?. T.I.T

[xerostar]

He is guilty of manslaughter by default.

He killed two innocent young people for god's sake!

There was no question of premeditation unless he knew the victims and it can be proven he had a motive.

It was unintentional murder AKA manslaughter !

What's wrong with this ridiculous Thai law, that it can't make a simple observation and impose the correct penalty?

[scorecard]

The national RTP commissioner realized there was severe and loud public outcry on this case, mainly in regard to how long it was taking to make any progress / any announcement on this and the red bull case, and he ordered the national 2ic police general to take over the case and make some fast progress to alleviate the public outcry.

So why did it take so long to make an announcement on this case dear police general?

And still no further comment on the red bull case.

Makes me wonder is there is still a dark influence controlling / frightening the whole RTP!

-----------------

And let's not forget the honda girl case. There was an official announcement some three weeks ago about an official inquiry as to why she was doing community service at a place of her choosing and not at the hospital stipulated by a court order / by her probation officer. No further reporting, what's happening?

[Rhys]

Sadly justice was bought....however, leave it to Karma... the DH will get his in the end..