elef Posted March 21, 2012 Report Share Posted March 21, 2012 Thailand is based on Civil Law and Common Law, says the man fresh out of court. Now we are deeper, but OK Civil law = Corpus juris civilis, the roman law system. It has 2 different meanings and one is opposite to anglo-saxon law system Common law is another (local) name of the anglo-saxon system. It's more or less impossible to have both - like saying you're virgin and not-a-virgin or having HIV or not at the same time. On the other side I must admit that Mekong is correct - crime laws are mostly anglo-saxon and civil laws are more roman.... TIT Link to comment Share on other sites More sharing options...
Pescator Posted March 21, 2012 Report Share Posted March 21, 2012 I have an acquaitance who most likely could apply for the title: Moron of the Year. He is a hopeless drunk, nothing wrong with this per se, if one can behave properly. He cannot. On a recent stint in Patty, he got rather overexcited by all of the available women there. Just out of a bar after downing God knows how many beers, he spotted this very nice thai lady standing on the pavement talking with a cab driver. He made no secret of his errand as he went right up to her and felt her up good. That was not exactly a clever move, as the cab driver was her husband. The rest is history, he only lost a couple of teeth and his glasses and had a nice stay in a "hotel" where the linen was all white. No charges were pressed. He was damn lucky to live to tell the tale. Link to comment Share on other sites More sharing options...
TheCorinthian Posted March 22, 2012 Report Share Posted March 22, 2012 what would such a guy get in western coutries? sentenced for sexual assault? 1-2 years in jail? Back when I was a cop in Atlanta? This! (Plus most likely beat up by her boyfriend.) Link to comment Share on other sites More sharing options...
baa99 Posted March 22, 2012 Report Share Posted March 22, 2012 Well, I think Penthouse letters are truer than Stick's emails. The legal advise was pure sh*t. Just go give the gal $$$ for her to drop charges. Case over. Link to comment Share on other sites More sharing options...
kamui Posted March 22, 2012 Report Share Posted March 22, 2012 In UK they would be on "Sexual Offenders Register" for 10 years In Germany the judge would dismiss the case since no real harm had been done, maybe a fine of 100-200 EUR. But that's it... Link to comment Share on other sites More sharing options...
elef Posted March 22, 2012 Report Share Posted March 22, 2012 In Germany the judge would dismiss the case since no real harm had been done, maybe a fine of 100-200 EUR. But that's it... In Sweden we don't have Sexual Offenders Register, but guilty verdicts are registered in a non-public register and with just a fine I think it will not be possible to see after 5 years even for police, prosecutors or judges, it will not be deleted but just computer specialists can find it. I think it's more or less the same in Germany. (Actually, I should not comment on criminal law except tax fraud laws. Why I do anyhow - as soon as a lawyer working with international criminal law announces his arrival I will stop.... ) Link to comment Share on other sites More sharing options...
Redbaron Posted March 22, 2012 Report Share Posted March 22, 2012 So in summary - according to the brains trust that is Thai360, if this happened "in the west" the penalty would be quite varied... US (New York) - 1-2 million $ legal fees or up to 10 years jail, $10 million compensation (elef) Aus - assuming 1st offence, no jail time but criminal record (gobble) Sweden - Suspended sentence, 200,000 THB fine, 150,000 damages 3 months prison if the judge is in a bad mood (elef) UK - Sex Offenders Register for 10 years (Mekong) US (Atlanta) - Charged with sexual assault, 1-2 years in prison (Corinthian) Germany - 100-200 Euros fine, case dismissed, no harm done (kamui) I guess it is all down to the defence lawyer really - and his or her ability to demonstrate that it was a harmless error of judgement on the defendant's part, and not a crime of intent I guess. Verses the prosecution's lawyer's ability to show damage/crime committed. Link to comment Share on other sites More sharing options...
elef Posted March 22, 2012 Report Share Posted March 22, 2012 Germany - 100-200 Euros fine, case dismissed, no harm done (kamui) Protest your honour, you can't be fined and case dismissed - Fined and case closed, yes, dismissed is even better than "not guilty" that means not a crime at all. Link to comment Share on other sites More sharing options...
elef Posted March 23, 2012 Report Share Posted March 23, 2012 Also a short comment - sexual harassment/assault and so on - It's not a federal crime so it can be treated very differently in different states. My numbers for NY are based on the Dominique Strauss-Kahn case, who had to paid millions for lawyers, was kicked out as president of IMF and also lost his possibility of becoming french president as the socialist candidate. Link to comment Share on other sites More sharing options...
gobbledonk Posted March 23, 2012 Author Report Share Posted March 23, 2012 So in summary - according to the brains trust that is Thai360, if this happened "in the west" the penalty would be quite varied... US (New York) - 1-2 million $ legal fees or up to 10 years jail, $10 million compensation (elef) Aus - assuming 1st offence, no jail time but criminal record (gobble) Sweden - Suspended sentence, 200,000 THB fine, 150,000 damages 3 months prison if the judge is in a bad mood (elef) UK - Sex Offenders Register for 10 years (Mekong) US (Atlanta) - Charged with sexual assault, 1-2 years in prison (Corinthian) Germany - 100-200 Euros fine, case dismissed, no harm done (kamui) I guess it is all down to the defence lawyer really - and his or her ability to demonstrate that it was a harmless error of judgement on the defendant's part, and not a crime of intent I guess. Verses the prosecution's lawyer's ability to show damage/crime committed. My comment was made without knowing the full details of the case - clearly, anything involving violence or some other form of coercion would be viewed very dimly by a magistrate here, but we have big problems with overcrowding in our prisons. Putting someone in jail whose crime was mainly to be drunk and stupid, with no longterm damage to the victim, would be considered an over-reaction by most in our community. Of course, that wouldnt rule out the possibility of the victim launching a civil case for 'mental anguish' or whatever - all of which leads back his initial realisation that he should have just handed her his wallet, apologised profusely and left. 100K baht was clearly 'trying it on' - the issue here was face. Link to comment Share on other sites More sharing options...
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