Dr Nithiwadee Phucharoenyos, 40, was sentenced to death early this month for ordering the killing of her husband, Olympic marksman Jakkrit Panichpatikum.

A lawyer, who was found to have helped arrange the contract, also received the death penalty.

The truth behind the sorry story has won the doctor public sympathy, as well as a new legal debate over whether domestic violence can be a factor in the case.

A senior judge of the Justice Court told The Nation there were grounds for leniency if there was an element of spontaneity involved in the committing of the crime. At least three sections in the Criminal Code address this point, according to the judge.

First is Section 72, which stipulates that the court may inflict punishment upon a person that is less than that addressed in the law if the crime was committed out of a burst of anger because of maltreatment or unjust causes.

Second is Section 68, which stipulates that any person has the right to protect his or her safety and defend his or herself from any violent and unlawful acts if such acts are deemed imminent.

If the person’s acts were committed to a reasonable extent, his or her defence would be considered lawful and he or she shall not be found guilty.

Third is Section 69, which stipulates that if such defence is committed beyond a reasonable extent or beyond what is considered necessary, the court may inflict punishment, but less than what is addressed in the law.

If the defence was proved to be out of fright or fear, the court may not inflict any punishment at all, according the judge.

The judge said that according to the law, any offences resulting from a burst of anger or any defence against imminent violence must carry spontaneous or have instantaneous elements. It is not justifiable for any offence or defence against imminent harm or maltreatment that has been left for some time before being committed or acted in revenge.

And it was not justifiable if another person acted on behalf of the victim, he added.

In the case of Mor Nim, who had hired a gunman to kill her husband, there were no grounds for the court to reduce punishment, the judge said.

The judge also said a defendant who pleads guilty at the Appeals Court or Supreme Court could not win grounds a lessening of punishment.

At this stage, the defendant tends to offer excuses such as his or her past deeds or lack of a criminal record for the court’s consideration.

If the court reduces the sentence, it would not be because of the defendant’s excuses or guilty plea, but out of consideration under those sections, the judge said.

Mor Nim’s case has been under the spotlight. The public has some sympathy for her. Some suggest her offence stemmed from what some studies call a tormented mind.

Battered Wife Syndrome is a mental sickness that could trouble any wife who has experienced torture for a long time from domestic violence. The symptoms range from depression to aggressiveness, which are results of a loss of self-respect.

Any suffering wife could commit a violent offence in response to maltreatment against her if she could not find any solutions, the studies say.

It is believed that many Thai wives have suffered such maltreatment at the hands of their husbands although official figures have not been recorded so far.

Cases like Mor Nim’s may only come to public attention once they have hit the headlines but experts say these sorry tales are repeated time and again.

Box

Grounds for the court’s reduction of punishment or imposition of no punishment

•    Having committed offences out of a burst of anger, because of maltreatment and unjust causes, and in a spontaneous manner, following what is stated in Section 72.

•    Having defended his or herself to protect his or her right to be safe from any violent and unlawful acts and such acts are deemed imminent, to a reasonable extent, following Section 68.

•    If beyond a reasonable extent, but such defence is out of fright or fear, no punishment could be considered, following Section 69.

Grounds for not reducing punishment

•    Offences or defences against maltreatment or harm that have been left for a long time before being committed.