Legal Problems Related to the Development of Juvenile Criminal Record Records

Abstract

Background and Aim: Since the development of juvenile criminal records is a major problem in Thailand and abroad, the Convention on the Rights of the Child is an international agreement established by the United Nations and approved by the United Nations. Adopted by the United Nations General Assembly (United Nations General Assembly) to set guidelines as a minimum standard for countries. To provide appropriate protection and care for children of a certain age to develop the mechanisms in Thailand's juvenile criminal justice system to achieve their true objectives and within the concept of justice. The findings revealed that the law concerning the criminal record in Thailand, Royal Thai Police Regulation on Police Code not concerning the Criminal Case Title 32 Fingerprint, has caused four legal problems. First is the problem with the form of the law concerning the criminal record. Secord is the problem of the element of the criminal record dividing. Third is the problem of the person who will have the right to make a petition for the criminal record division. And last is the problem with the starting time for the criminal record dividing process. The objectives are as follows: 1) To study concepts and theories related to the criminal justice system for children and youth. Rehabilitation, stamping, and criminal records 2) to study and analyze legal and social problems affecting children and youth caused by the criminal records of Thailand Including studying and analyzing the opportunity to work in the workplace. 3) to find recommendations for the development of legislation on criminal records in line with obligations under the Convention on the Rights of the Child. and in line with the spirit of the criminal justice system for children and youth.

Materials and Methods: there is a way of doing this by using the data collection model in the form of a documentary study (Documentary Research) by studying and collecting data in the form of documentary research. by studying information from laws, rules, regulations, and guidelines or manuals announced in force as well as studying and researching information and academic documents and documents related to the probation system.

Results: (1) to make them aware of concepts and theories about the criminal justice system for children and youth, rehabilitation, stigma, and criminal record; Including making known the similarities and differences, advantages and disadvantages of legal rules relating to criminal records in Thailand and abroad. (2) to know the legal and social problems that affect children and youth There is a cause linked to the criminal records of Thailand. Including making aware of the opportunity to work in the establishment of the person named in the criminal record. (3) Recommendations for the development of criminal record laws are in line with the obligations under the Convention on the Rights of the Child and in line with the spirit of the criminal justice system for children and young people.

Conclusion: it was found that the law that determines the criteria for the criminal records of Thailand, which are Regulations of the National Police Agency Regarding the Code of Police Regulations, Not Related to Cases, Title 32, Finger Print This caused 4 legal problems: problems with legal criteria relating to criminal records; Problems with the conditions of criminal record separation; problems with who is eligible for criminal record separation; and problems with the timing of the criminal record separation process.