Abstract:
Among all forbiddances that may render the marriage null and void, bigamous marriage is most found. Indeed, it also causes numerous subsequent problems: trouble and unhappiness of marital life, destruction of family harmony, family breakdown, divorce and family violence. Besides, it also has an effect upon children’s quality of life because the children grew up from problematic family may be more vnlnerable to drug addiction or crime committing. This problem may affect, ultimately, the society and the country. Anyhow, either a man or a woman may cause the bigamous marriage equally. Generally, bigamous marriage is occurred when the third party is deceived to marry to one person who is still legally married to another. However, in some case, the third person still immorally marries to one person who is still legally married to another even though he recognizes existing legal marriage of that person.
This thesis aims to carry out the study of the nature of problem as well as the scope of Penal Code regard to bigamous marriage. Hence, comparative studies with foreign legislations, namely England, The United States of America, Canada, Germany, France, The People’s Republic of China, and Japan are done because all of these countries clearly criminalize bigamy. The studies reveal that, under the Thai Penal Code, bigamous marriage is found guilty of giving any false information to any public officer under Section 137 and of giving any false information to any public officer in the course of his duties to make any false entry in a public or official document under Section 267. However, according to both Sections, the offender receives indirect penalty not the direct one of entering into bigamous marriage so this is reason why most people are unaware of the penalty of bigamy. Besides, the adaptation of offences under Section 137 and 267 does not conform to the true mission of Penal Code-to promote legal interest. This is to say that the existing statute aims to protect the State Interest from tortious action instead of the benefit of family institute; even though, bigamous marriage directly damages both legally married person and the third person, deceived to register the marriage. Moreover, some problems and loopholes found in present marriage registration practices lead to the bigamous marriage from time to time as well.
Therefore, this thesis aims to suggest the statutes and marriage registration practices that would provide concrete and efficient solution for problems regard to bigamous marriage.