AN ANALYSIS OF DIVERSION PROCEDURE UNDER SECTION 90 AFTER PARTITION IN JUVENILE DELINQUENCY CASES

Abstract

This study aimed (1) to explore problems and obstacles affecting the enforcement of the diversion procedure after partition in juvenile delinquency under the Section of the Juvenile and Family and Juvenile and Family Case Procedure B.E. 2553 and (2) to analyze the direction to manage problems as well as present the process-driven model to enforce the rehabilitation plan on the juvenile offender for maximum benefit and the highest efficient results. A qualitative study was conducted by engaging the in-depth interview with 59 judges and experts in Juvenile delinquency. Data were analyzed by a triangulation test process.
The findings suggested that the major problems and obstacles were divided into 4 categories, namely, 1) the victim refused to give consent in making the plan, 2) both sides disagreed on the compensation amount, 3) the offender had no mental strength to stand firm on complying with the plan’s conditions, and 4) the complication in the operational procedures. Then, the results were crystalized into the directions for managing problems and introduced a process-driven model, a circle of revival with solutions to the problems. Regarding the victim’s consent, the victim should be allowed to appoint a representative and give consent through e-Service. On damages compensation, fund should be set up to remedy the victim of the juvenile offender. The problem concerning juvenile offender failing to commit to the set conditions can be solved by constructing psychological scale to measure the offender’s remorse level prior the plan preparation. Lastly, the complication during the operation should be solved by promoting the operator’s skills regularly and opening all sectors for integrated collaboration in problem-solving.