Paying Bribes Led to the Arrest of Gambling Leaders: A case study Where the Court has a Verdict not to Fine the Defendant

Abstract

This research consists purposes were 1. to Concepts and theories about paying bribes for arrest and the principle of determining and calculating the payment of bribes brought to the arrest 2. to study the law and measures for having court judgments and guidelines of judgments of the Supreme Court of Thailand and 3. to Analyze the law, including problems with law enforcement, which will be used as guidelines for solving additional legal problems in related areas. This research is a qualitative research with studies and research from documents, articles, literature, judgments of the Supreme Court. Then the data will be used for Content Analysis. The research results found that 1) The concept of paying bribes for arrest In the case where the court sentenced the defendant to imprisonment without a fine, it was found that the court's discretion to impose imprisonment without a penalty fine entered into the case In the event that there is a request to pay bribes to bring the arrester under Section 15 of the Gambling Act The court will not order to pay bribes brought to the leader of the arrest 2) Laws and legal measures relating to bribery payments in the case where the court sentenced the defendant to imprisonment without giving the defendant a fine, it was found that the court would order to pay only when the offender was punished with a fine of approximately If the court does not impose a fine, then what is the basis for calculating how much the offender must pay the bribe to the leader of the arrest? The payment of the exhibits as bribes to lead the arrest is primarily subject to a fine to the offender and 3) Analyze the law, including problems with law enforcement, which will be used as guidelines for solving additional legal problems in related areas. It found that Section 15 of the Gambling Act, B.E. 2478 should be amended by removing the limitation of conditions in the event that the court sentenced the defendant to imprisonment without a fine. The court can, at its discretion, determine the payment of bribes brought to the arrest. to the leader for the benefit and appropriateness of the individual.