Father Poisons 7-Day Old Daughter

by Admin on October 2, 2020

According to the Chiang Rai Times, the father of a 7-day old girl in Chiang Mai poisoned his own daughter because he wanted a son who would be the heir of his estate. The wife reported the murder to the police and the father was arrested.

If convicted the father may be liable for intentional murder by cruelty under Section 289 (5) of Thailand Criminal Law punishable by the death penalty. Furthermore, the 2007 Domestic Violence Victim  Protection Act states that offenses under Section 4 are also subject to imprisonment not exceeding six months, and/or a fine not exceeding six thousand baht.

According to Attorney Jitsopon Thongkwan, victims of crimes often file civil claims against the offender. However, when the victim is dead, the right to file a civil claim is the right of the next of kin. In this situation, the mother of the infant may have a right to file a civil claim against the father and alleged murderer. The mother may act as a plaintiff in a civil complaint against the father for wrongful death.

Additionally, persons other than the infant’s mother may also have a legal claim. Currently, the alleged murderer is presumed to be the legal father. However, the alleged murderer may believe he is the father, but may not the legal (or biological) father. In this situation, the biological or lawful father may also have a legal claim against the presumed father.

If a biological father wants to sue for the wrongful death of the child, normally a petition for paternity and DNA authentication would be required to obtain a court order confirming paternity. If the court orders that another man is the father of the deceased child, then the lawful father would have the legal right to sue for wrongful death.

Source: https://chiangraitimes.com

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