Interpretation of the term “...such act is no longer an offense…” Under the Criminal Code, Section 2, Paragraph 2

Dr.Surasit Sangviroatjanapat บท

Abstract

Nullum Crimen Nulla Poena Sine Lege is a legal principle accepted by both the civil law and common law systems, although there are differences in some details. However, in this article, a judgment of the Supreme Court of Thailand is exemplified to show that the Supreme Court of Thailand interpreted the law on this matter inconsistently with the concept of nullum crimen nulla poena sine lege, by using German law as a guideline for analysis.

Keywords: nullum crimen nulla poena sine lege, the principle of legality, the principle of
non-retroactivity