The Guidelines for the Enforcement of Intermediate Punishment in Thailand.

Abstract

The purposes of this study were 1. to study concepts and theories relating to intermediate punishment measures 2. study legal execution of Thailand's intermediate punishment measures and other relevant laws 3. study execution of intermediate punishment measures in foreign countries, comprising of United States of America, England, Japan and France, for being adapted to Thailand and 4. propose suitable approaches to executing Thailand's intermediate punishment measures. This research is qualitative research. It will study and research from various related documents such as laws, academic texts, research papers, articles from journals. or legal magazines, statistics, information from the Internet and foreign countries on guidelines for the enforcement of intermediate punishment, etc. Then use the information gathered from various relevant documents for content analysis. The study results show that: 1) Intermediate punishment measures are options of execution, which take various factors into consideration, giving opportunities for the offenders to live in the society under specific legal conditions 2) Legal execution of Thailand's intermediate punishment measures and other relevant laws is prescribed for enabling varieties of alternative measures to be executed. 3) Intermediate punishment measures in United States of America are applied by the Court both in combination and single measures. England focuses on rehabilitation by involving the communities with participating in intermediate punishment measures, especially for the purpose of diverting the offenders from imprisonment in short terms, and the Court is authorized to impose measures in combination, if violated, the measures can be lifted, and the offenders will be incarcerated or suffer additional punishments, whereas, in Japan, intermediate punishment measures are rehabilitation in the communities, focusing on having probation volunteers take roles of assistance. and France focuses on the basis of execution of proper punishments, taking circumstances of the offenses and individual factors into consideration, including suspension of the punishments under specific conditions and 4) this research proposes the law to be amended, in order that intermediate punishment measures will be criminal punishments in combination, clearly stipulating roles of competent officials and involving the communities with participation, in order achieve efficient legal execution.