Youths who murdered handicapped bread seller won't face premeditated murder charge

[webfact]

Youths who murdered handicapped bread seller won't face premeditated murder charge


Image: tnamoct

BANGKOK: -- The seven youths facing murder charges in the death of a handicapped bread seller in May are unlikely to face premeditated murder charges that carry the mandatory death penalty.

The public prosecutor has agreed with earlier police assertions that there is no evidence for premeditation, reported tnamcot. Instead the six male teenagers and one female who egged them on will face murder with intent along with weapons charges.

Somkiat Srichan, who could not walk properly, was hacked to death in the street in the Lat Prao area of Bangkok on the morning of Sunday May 1st. Four of the accused are children of serving police officers at the nearby Chok Chai 4 police station.

A spokesman for the Department of Public Prosecutions said that the evidence in the case did not support a charge of premeditation saying that the murder was clearly not planned in advance.

Murder with intent can still carry the death sentence but it is not mandatory. A life sentence or 15-20 years can also be imposed.

The public prosecutor made the decision Friday and it was made public yesterday. The defendants who have been held for two months already are due to appear in court again on Wednesday when they are expected to be arraigned.

The spokesman added, however, that the family of the deceased still have the prerogative to petition the criminal court to charge the accused with premeditation should they wish.

Source: tnamcot

-- 2016-07-12

[leeneeds]

Handicapped, tormented,

7 vs one

not premeditated, but sure was not

from the book of a fair fight,

looking with my eyes a very simple conclusion,

now we have to wait on justice from the judge

with his / her eyes to throw the book at the

gutless 7

[Lingba]

35 years and a chunk of money to the family of the deseased sounds good to me

[z42]

Absolutely disgusting, the 2 Burmese lads from Koh Tao got the death sentence from a premeditated murder charge when there is absolutely ZERO evidence that they even did anything at all. These 6 spineless idiots and the 1 brainless wench in tow are on video attacking the victim with swords, actually pursuing a disabled and bloody victim with the intention of of either seriously injuring or killing him. Further to that there are several witnesses who have bravely said what they saw about the female accomplice actually baying for blood.

If that doesn't suggest even a degree of premeditation then quite frankly certain elements the public prosecution body appear to be orchestrating a serious watering down of charges. The only thing the authorities have done right on this is keep these muppets in the locker for a couple of months. If bail is granted at any stage, then quite frankly any chance of justice is dead in the water

[trogers]

Ahhh...Thai justice in action...

[bkkcanuck8]

Is there not an option to charge the offender(s) with premeditated murder if the death is during the commission of a premeditated crime?

[shirtless]

Its very hard to prove that anything is premeditated in Thailand .

[ramrod711]

The public prosecutor made the decision Friday and it was made public yesterday. The defendants who have been held for two months already are due to appear in court again on Wednesday when they are expected to be arraigned.

If the perpetrators of this disgusting attack are in custody, how will they become monks and get off scot free?

[dcnx]

These were the kids of the police, right? Or am I getting my murderers mixed up?

[Nearlynam]

Ahhh...Thai justice in action...

Instead of pure thai bashing please explain what you mean.

[puukao]

I remember the video, of course I only have 5% of the facts.

I don't think was premeditated. BUT, in America, this is first-degree homicide and it should be a life sentence with no parole. 35 years each with restitution.

is it enough? no, i would want the death penalty; however, I don't think this is a death penalty case.

[Deli]

No firing squad ? I am disappointed !

[rkidlad]

If you bring lethal weapons to an attack, there's a good chance you were intending to seriously hurt or kill.

I get it - some people may pick up a baseball bat in the heat of the moment to scare someone else. But as they say in the movies "If you're gonna bring a weapon, you better be prepared to use it".

Thing in this case is they brought these weapons 7 people strong to do what? Scare a disabled man? No, it would seem they had all the intent in the world to use their weapons and they did. I guess at the end of the day 'it's not what you know it's what you can prove'. Only problem is - in Thailand that very rarely applies. But Thailand sure is selective in it's prosecutions.

[rkidlad]

Ahhh...Thai justice in action...

Instead of pure thai bashing please explain what you mean.

No, it's not Thai bashing. The government, police and courts have a reputation here. It wasn't created after one bad case of injustice.

Think of it like a scientific experiment. We do tests to see the results. The same result may not happen the same way all the time, but if it happens let's say 7-8 times out of 10, then we usually expect that result to happen.

There are always anomalies, but they're an exception. Another analogy would be gambling. You wouldn't back a s***** horse. Sure, that horse could come good in some races, but there's a reason why you don't put money on it. I guess the easiest way to sum it up is 'logic'.

It's not personal it's business.

[phantomfiddler]

Handicapped, tormented,

7 vs one

not premeditated, but sure was not

from the book of a fair fight,

looking with my eyes a very simple conclusion,

now we have to wait on justice from the judge

with his / her eyes to throw the book at the

gutless 7

How can you say "Not premeditated" ? They went away to get their weapons, returned and murdered the poor man !! Totally premeditated and despicable !

[Emster23]

"Whereas premeditation involves certain higher brain functions, including facility to envision events more than 2 minutes from hence, it has been adjudged that defendants are sufficiently lacking in said functions to charged with crime of premeditated murder. Thick as two short boards, in laymen's terms."

[mike324]

let me take a guess, they will be sentenced to 20-30 years, they confess they are guilty, their sentence will be half to 10-15 years. On good behavior they will be out just after 5 years or so.

I think Thailand should not allow halving of jail terms for murder crimes.

[jaltsc]

"The seven youths facing murder charges in the death of a handicapped bread seller in May are unlikely to face premeditated murder charges that carry the mandatory death penalty."

A visit to the barber to get head shaved...100 Baht

Pay merit to wat, and a week's residence... 10,000 Baht

Begging family for forgiveness...Another 10,000 Baht

Suspended sentence by a warped Thai justice system...Priceless

Edited July 12, 2016 by jaltsc

[trogers]

Ahhh...Thai justice in action...

Instead of pure thai bashing please explain what you mean.

Only five simple English words and you are stumped?

[dominique355]

This seems to me as a case of "dolus eventualis"

("Intent in the form of dolus eventualis or legal intention, which is present when the perpetrator objectively foresees the possibility of his act causing death and persists regardless of the consequences, suffices to find someone guilty of murder.)

Maybe these spoiled kids of policemen went out solely to have some "fun", the kind of fun one gets from being in a position of power and superiority, like a corrupt policeman dealing with an innocent citizen, and the fun turned deadly because the handicapped bread salesman had the audacity to resist.

[adhd]

when will they make some examples and put those rabies dogs to sleep ,oh I forgot, justice is blind and they were sons of police officers

[kannot]

Ahhh...Thai justice in action...

Instead of pure thai bashing please explain what you mean.

Instead of insisting hes Thai bashing why dont you just ask "explain what you mean"

Of course to everyone else its OBVIOUS what he means

[Artisi]

Ahhh...Thai justice in action...

Isn't it just absolutely bloody fantastic, the rest of the civilised world must be so jealous of such a great system.

[SOTIRIOS]

...took them long enough to connive and contrive.....???

,,,,,I suppose we will be hearing about how remorseful the savage and cowardly murderers suddenly are.....

....and becoming monks etc.....

....to live and kill another day perhaps....???

[PomRakBKK]

The most disgusting thing a human can do.. 7 brain dead kids vs 1 handicapped innocent man.. wrong time wrong place and you get hacked to death. Land of Smiles.

[Artisi]

Its very hard to prove that anything is premeditated in Thailand .[/quote

]

Premeditated infers that there is something between the ears other than air to think with.

[Artisi]

Ahhh...Thai justice in action...

Instead of pure thai bashing please explain what you mean.

No, it's not Thai bashing. The government, police and courts have a reputation here. It wasn't created after one bad case of injustice.

Think of it like a scientific experiment. We do tests to see the results. The same result may not happen the same way all the time, but if it happens let's say 7-8 times out of 10, then we usually expect that result to happen.

There are always anomalies, but they're an exception. Another analogy would be gambling. You wouldn't back a s***** horse. Sure, that horse could come good in some races, but there's a reason why you don't put money on it. I guess the easiest way to sum it up is 'logic'.

It's not personal it's business.

Far too much explanation, seems more than 3 single syllable words exceeds the comprehension capabilities.

[Caveat Emptor]

Let's hope these scum are convicted of whatever they're charged with and do time as anything less should be unacceptable but not wholly unsurprising.

[Remus1830]

let me take a guess, they will be sentenced to 20-30 years, they confess they are guilty, their sentence will be half to 10-15 years. On good behavior they will be out just after 5 years or so.

I think Thailand should not allow halving of jail terms for murder crimes.

there is no time off for good behaviour in Thailand there is a class system which if you achieve excellent class you can get the max time off if there is an amnesty which also depends on the crime ie drugs related get less time off than a fraud crime for example.

[denkiblue555]

I understand the legal implications of an act being premeditated.

But, to me it is just as bad...... because being "not premeditated" simply means it was just a spur of the moment thing, just like dropping in to 7/11 to pick up a snack.

I wonder what other "spur of the moment" things this band of wan*ers got up to in their free time?