The Guideline for Legal Development on the Paroles of a Definitive Sentence in the Criminal Cases according to the Judgment

Abstract

This research aims to study principles, concepts, theories, and problems encountered on parole of the convict under the court judgement and to seek for a guideline on legal development on the parole for convict in the criminal cases. Research employs a qualitative approach, studying documents and comparing with the United States, Japan, the Federal Republic of Germany, and France. The study revealed that 1) upgrading the structures and function of relevant agencies to align with the rule of law 2) transferring power to the judiciary 3) strengthening the division of power and enhancing the protection of fundamental right 4) establishing clear and concrete guidelines 5) using standardized, evidence-based risk assessment tools to determine appropriate parole based on the risk of individual 6) restructuring organizations that can serve a role in checking and balancing the powers of the correctional system: especially, the court a key role in sentencing process, these would create checks and balances on the power of the correctional system, prioritizing rights and freedoms of prisoners as a primary concern.

Research has recommended that 1) monitoring and enforcing of sentence should be subjected to the supervision of the Court 2) the process of parole should be adjusted from the administration to the judiciary 3) the working group to designate the parole should be included experts in criminology, penology and representatives from the courts to enhance the review Dprocess 4) defining the offences of prisoners who are not entitled to parole and revise Corrections Act B.E 2560 (2017) Section 52 (7) to be consistent.