DEVELOPMENT OF SENTENCING STRUCTURE AND POLICY IN THAILAND (FROM UNAFEI RESOURCE MATERIAL SERIES N 12, 1976 BY YOSHIO SUZUKI)

• NCJ Number: 45386
• Author(s): R DHAMDUSDI
• Date Published: 1976
• Length: 3 pages
• Corporate Author: Denver Cty Dept of Safety
• Sale Source: National Institute of Justice/
• Language: English
• Country: United Nations
• Note: PRESENTED AT THE 42ND SEMINAR COURSE ON THE FORMATION OF A SOUND SENTENCING STRUCTURE AND POLICY, FEBRUARY 24 TO MARCH 27, 1976

Annotation

SENTENCING IN THAILAND UNDER THE PENAL CODE, INCLUDING THE PURPOSES OF PUNISHMENT AND THE USE OF DISCRETION, IS EXAMINED, ALONG WITH THE PROBLEM OF SENTENCE DISPARITY.

Abstract

THE HISTORICAL BACKGROUND OF SENTENCING AND SOME ANCIENT PENALTIES ARE DESCRIBED, LEADING UP TO THE INTRODUCTION OF THE 1956 REVISED PENAL CODE, ORIGINALLY PROMULGATED IN 1908, WHICH OWES MUCH OF ITS FORM AND INSPIRATION TO THE FRENCH, ITALIAN, INDIAN, AND JAPANESE PENAL CODES. FIVE MODERN FORMS OF PUNISHMENT ARE RECOGNIZED: DEATH, IMPRISONMENT, FINE, CONFINEMENT, AND FORFEITURE OF PROPERTY. RETRIBUTION AND DETERRENCE HAVE HISTORICALLY BEEN THE PURPOSES OF PUNISHMENT IN THAILAND, BUT ATTENTION IS BEING GIVEN TO REHABILITATING THE OFFENDER. ALTHOUGH SEVERE PUNISHMENT UNDER THE OLD LAWS DID NOT IMPROVE CRIME TRENDS, PUNISHMENT FOR MANY OFFENSES IS STILL VERY HARSH. DISCRETION OF THE COURT IN SENTENCING IS NOTED AND ILLUSTRATED WITH CASE EXAMPLES. IN MANY CASES, THE THAI COURT HAS DIFFICULTIES IN PASSING APPROPRIATE SENTENCES SINCE THE MINIMUM PUNISHMENT FOR SOME OFFENSES IS QUITE HIGH. IN ORDER THAT SENTENCES FOR THE SAME OFFENSE WILL BE CONSISTENT WITHOUT HAMPERING THE COURT'S DISCRETION IN PASSING SENTENCE, THE THAI COURTS HAVE A LIST OF STANDARD SENTENCES MEASURED BY PAST PRACTICE OF SENTENCES AND OTHER RELEVANT FACTORS. THESE GUIDELINES, HOWEVER, ARE NOT COMPULSORY. THE IMPORTANCE OF ACCURATE INFORMATION ABOUT THE CAUSES OF CRIME, THE NATURE OF THE ACCUSED, AND OTHER CIRCUMSTANCES IS STRESSED FOR COURTS TO EXERCISE DISCRETION CORRECTLY. DS