The Problem about Discrepancy in Applying between “Ignorance of Facts” in Accordance with Article 59 Paragraph Three of the Criminal Code and “Mistake of Facts” in Accordance with Article 62 of the Criminal Code

Abstract

There is a problem about considering of criminal liability of a person in the case of an offender’s mistake in the facts under Thai law that is the problem about confusion and discrepancy in applying between “ignorance of facts” in accordance with Article 59 paragraph three of the Criminal Code and “mistake of facts” in accordance with Article 62 of the Criminal Code. That is, even though the facts of the case are similar but with different Article. For this reason, there is a significant problem of stability in legal reasoning. This article therefore studied the analysis of similarities. and the differences between the two Articles to propose a solution to the aforementioned problem.