The director general of the NCPO Prosecutor’s Office, ready to help the relatives of the victims who died from falling into a pipe with legal assistance, underlines a harsh sentence of 10 years in prison.
On May 4, Mr. Kosolwat Inthuchanyong Director General of the Prosecutor’s Office for Rights Protection, Legal Assistance and Enforcement (NCPO) spoke about the case of a person who fell from a pipe in the middle of the road. At the mouth of Soi Lat Phrao 49, a death occurred which had previously occurred in accidents in Bangkok, such as in the Huai Khwang area where the accident fell into a sewer pipe. Bangkok will take responsibility immediately. If the injured person is injured and has suffered death, he or she can claim damages under the law. But who will ask for compensation for damages? We have to look at the facts on a case-by-case basis. If it is an area where work is taking place Whoever is responsible for that agency must be held accountable.
In the past, it was seen that Bangkok would take measures to inspect and expedite and then be responsible for taking care of it. In the news that has emerged, we have not seen Bangkok deny responsibility at all. But when it comes to real responsibility, you have to look at the truth. Because according to the law it says who is responsible for taking care of the area where the accident occurred. The law also says that if an accident occurs, the act is considered to have been negligent and caused harm to others. Did it cause the death of another person? As for those who may be at risk of being at fault, they will need to be divided into sections so that we have to look at areas where there may be work. Has Bangkok or the government agency responsible for the area handed over the area to the contractor? If there is a contractor, it must be done carefully according to the TOR. There will be a memorandum of understanding on what level of security must be guaranteed.
In the case of facts seen in the primary level news It is said that the steel manhole was stolen and the contractor then covered it with a thick wooden cover. The question is: is it enough and is it negligence? When an accident like this occurs, the investigator or the police must go to the scene and investigate to determine whether the death was caused by negligence or not.
If it was caused by negligence, it is considered an accident because it was not an accident due to force majeure. But it will be a case of negligence causing the death of another person, which is a criminal case. The injured person has the right to demand compensation for damages from the person who violated it and who at the same time caused the death of her relatives of the injured person to contact the Prosecutor’s Office. Our SCCC regarding judicial proceedings will also submit a claim for damages and at the same time the public prosecutor will help to verify what assistance the Justice Fund can provide according to current regulations. The prosecutor will also help take a look at this. Contact us and we will help take care of the victims.
If the action is investigated and found to have been negligent and caused death The charge that the investigating officer will investigate is that of negligence, causing the death of another person. The person who acted negligently will be required to pay damages starting from the cost of cremation. Costs due to lack of support etc. If the deceased person had parents and children who needed support, the alcoholic person can intervene and claim the loss of support. Therefore, the heir, if appropriate, would like to invite you to go to the public prosecutor to protect the legal rights of people near your home. We help you delve deeper into the matter. Let us help you review your injury claim to receive justice under the law.
As for the guest who will be civilly and criminally responsible, it will be a government or private entity. From initial information, we cannot confirm this at the moment. But as far as I can see there is a private sector that has taken control of the area and it is a contractor working on the pipes. If the private sector will take over this area It must be ensured that the contractor occupies the area. The contractor also has the duty to close the manhole cover or create equipment surrounding it to avoid accidents and there must be a sign preventing car access. That is, there must be measures according to the TOR in terms of security to see how safe it is. You have to go and see if you did it or not. If it is the responsibility of The MEA must speak candidly about who is responsible for the area. Has the work been inspected and have any problems been reported? This is another part that needs to be Looking at the truth, it would be necessary to investigate and file charges according to the law as to who is responsible and who was negligent in causing the death of the deceased.
Regarding the penalty rate for negligence causing the death of another person. Section 291 of the Penal Code: Whoever acts negligently and such action causes the death of another person, the penalty is imprisonment not exceeding 10 years and a fine not exceeding 200,000 baht. This is only the criminal part, but the civil part can be claimed separately.
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