PROBLEMS TO THE LOCAL COMPETENT OFFICIAL IN ACCORDANCE WITH THE LAND EXCAVATION AND FILL ACT B.E.2543: A study of criminal fine cases

Abstract

The objective of this research study is to investigate the background, significance, conceptual framework, and main theories related to the enforcement of laws on excavation and soil filling. It also aims to examine the problems and obstacles in the criminal enforcement measures, as well as study relevant articles, documents, and laws pertaining to Thailand and other countries. The ultimate goal is to analyze and find solutions to the issues concerning the powers and responsibilities of local officials in accordance with the aforementioned laws.

            This study was found that:

         the discretionary power granted to local officials for the comparative criminal fines under the Land Excavation and Land Filling Act B.E.2543 is too broad, resulting in excessive decision-making authority. Moreover, the lack of clear criteria and guidelines for determining penalty rates makes it difficult for law enforcement officers to carry out their duties effectively. Additionally, there are problems related to the investigative powers of local officials and the inappropriate criteria and penalty rates.

            Based on this research, it is recommended to repeal and amend Article 42 of the Land Excavation and Land Filling Act B.E.2543. The amendment should establish a committee for comparative penalties in the Bangkok metropolitan area and other provinces, aiming to balance the discretionary power of local officials in imposing penalties. Furthermore, an additional amendment to Article 33 should grant local officials the power to investigate and hold the status of investigating officers in accordance with the criminal procedure code. This would alleviate the workload of investigative officers, expedite the judicial process, and promote a more efficient and fair legal system.