NCJ Number
74351
Date Published
1980
Length
8 pages
Annotation
This article reviews provisions of the laws of Thailand which establish alternatives to imprisonment and comments on the reluctant and limited use Thai judges make of these options.
Abstract
Cited first is the Criminal Procedure Code of 1935, wherein fines are stipulated for petty offenses, compensatory settlements are allowed, and conditions delineated under which criminal proceedings may be extinguished. Pardon, commutation, and reduction of punishment are also possible after a case has become final. The penal code of 1957 further enables use of fines instead of imprisonment and defines conditions for suspended sentence with probation. In addition, the Penitentiary Acts of 1936 and related ministerial regulations provide for parole of convicted offenders having served portions of their prison terms and having exhibited good conduct, diligence, progress in education, or having rendered distinguished service. A ministerial regulation also exists for sentence remission of not more than 5 days per month for offenders whose prison behavior merits such temporary release. More recent amendments have enabled work release for inmates with good behavior, and a discretionary power of the public prosecutor to suspend prosecution is under consideration for enactment. Although many alternatives to imprisonment are available in Thailand, imprisonment remains the most popular form of sentence. In 1978, 57 percent of offenders served prison terms of not more than 2 years. Explanations for Thai reluctance to use existing law as a basis for alternatives to imprisonment are the general tenacity of the public to view prison as punishment and retribution and judges' personal conservativism. It is contended that if alternatives were used for short term prisoners, the prison population could have been reduced by more than half. No references are given.