Supreme Court Judgement Number 5486/2560 (The Adulterer Murder)

Abstract

With reference to the precedent Supreme Court of Thailand’s judgements, the decisions rendered in relation to the adulterer murder case committed by a spouse while the adulterer was having sexual intercourse with his/her partner, have always deemed such situation as danger arising from criminal violence and imminent danger in which the wrongdoer can allege a lawful defence to excuse his/her guiltiness as provided for in Section 68 of the Panel Code whereby such excuse has one specific qualification that the murder must be committed while the adulterer is having sexual intercourse with his/her partner, so if the murder is committed after the sexual intercourse, it will be deemed that such imminent danger has passed and the lawful defence under Section 68 of the Panel Code shall not be allegeable by the wrongdoer, nonetheless, the wrongdoer may still allege an indignation as cause for less punishment as provided for in Section 72 of the Panel Code and as referenced by the Supreme Court Judgement Number 5486/2560. However, the author does not agree with this Supreme Court Judgment which considered the spouse's adultery as the danger arising from criminal violence in which the wrongdoer can excuse his/her guiltiness as provided for in Section 68 of the Panel Code, as such the author has academically analysed and argued in this paper.