DE-CRIMINALIZATION IN THAILAND

Abstract

         The criminal offenses, as the tools to protect the peace and the public order of the society have high impact to the individuals. Therefore, the legislative policies regarding the criminal offenses should be initiated in the balance and necessary manner, under the rule of law, the Rechtsstaat, human rights, and human dignity principles. According to the study, in Thailand, there are a large volume of the criminal cases, causing the excessive burdens to the administrative offices, the polices, and the courts, as well as causing the overcrowding problem in the prisons. These are the results of the enforcement of the unbalanced and unnecessary criminal laws. It is to be noted that this problem does not occur only in Thailand but in various nations. The solution of such problem is to decriminalize the unnecessary offenses, by reviewing the existed criminal offenses and amending or abolishing those that should not be the criminal offenses. In addition, there should be the transfer of the duties which are not the crimes to the other administrative functions, to implement the administrative measures. These shall lead to the reduction of the harm derived from the enforcement of the criminal laws towards the people in the society, and shall enhance the balanced and necessary implementation of the criminal laws under the rule of law and the Rechtsstaat.