Abstract:
This research aims to analyze nature of problems and restrictions of the law concerning protection of the wife murdering her husband as a result of having the battered wife syndrome, so as to seek appropriate and fair legal proceedings. The researcher collected the qualitative information from documents and in-depth interviews to 18 qualified people involved in the judicial process and the wife murdering her husband as a result of being battered by her husband as domestic violence and the quantitative information by means of questionnaires to 201 concerned people involved in the judicial process and a survivor of domestic violence. The research results show that the legal proceedings against the wife murdering her husband as a result of having the battered wife syndrome have problems relating to the statutes of law and enforcement engendering unfairness in 4 main issues i.e. 1. The applicable laws have none of statutes covering the case of the offender having battered wife syndrome 2. The process of legal proceedings and performance of duties of personnel in judicial process 3. Inappropriate and unfair application of penalties under the Penal Code 4.Unawareness of rights and duties and attitudes of personnel in the judicial process. The research had suggestions for 5 main issues i.e. 1. To amend the definition of domestic violence in Section 3 of the Protection of Domestic Violence Victims Act B.E.2550 to include an offence relating to life 2. To proclaim the courts ordinance on the guidelines for protection in a domestic violence survivors case to exercise methods of fact-finding in the case and in case of necessity the court has the power to refer the defendant for physical and mental check-ups and to require testimony of an expert witness in the stages of the court hearing 3. In consideration of proof and judgment in the case of the wife murdering her husband as a result of having battered wife syndrome, the court has the power to take measures of therapy, rehabilitation, probation of the offenders behavior, indemnification of the offender, community work and public service or parole in lieu of inflicting a penalty 4. Dissemination of information about battered wife syndrome, capacity and skill building for personnel in the judicial process in legal proceedings of domestic violence cases 5. Campaigning with the public to adjust attitudes in relation to domestic violence and mythology on gender inequality.
Mahidol University. Mahidol University Library and Knowledge Center