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Thai Government May Cancel Measure to Detain Instead of Fines 泰國政府可能取消拘役替代罰款的規定

On 8 July 2023, Mr. Anucha Burapachaisri, Deputy Secretary- General to the Prime Minister for Political Affairs as a spokesperson for the Thai Prime Minister’s Office revealed that the Thai cabinet has resolved to review measures to detain instead of fines under the Thai Criminal Code, Section 29 till section 30/3, to be consistent with the principles of the rules of law and human rights, granting a decree to amend relevant laws, taking it as an urgent matter.


From Thai Cabinet’s point of view, fine punishment is to enforce the property of the convicted person, but detention is to enforce the liberty of the convicted person, so the former cannot be substituted by the latter. It is a punitive measure that is inconsistent with the rule of law and human rights. On the other hand, if a fine is imposed, there are supporting measures to enforce the property of the accused. In order to create justice and improve the reform of the judicial process, Thai Cabinet decides to assign the Office of the Council of State to consider amending the relevant laws.


Thai Cabinet approves three draft sub-laws under the Thai Discretion Act, including Ministerial Bill to Investigate Facts, Gather Evidence and Clarify or Resolve Allegations, Electronic Will Payments Ministerial Bill, and Prime Minister's Office on Will Adjustment Draft provisions of the procedure.


The three sub-laws will support the enforcement of the provisions of Thai Discretionary Adjustment Act, as well as speech that will help eliminate prisons for the poor and increase the effectiveness of future laws enforcement.


At the same time, if the violator is poor and commits the crime for his livelihood, the law also requires that the disciplinary action be as low as possible, but not less than 50 baht or not lower than the minimum rate prescribed by law.


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