Rules and Legal Measures Determining Compensation for Human Trafficking Offenses in Thailand

Abstract

This research consists purposes were 1. to study of background, concepts and theories related to compensation for human trafficking offences 2. to study of rules and legal measures governing the determination of compensation for human trafficking offences under international, foreign and Thai laws 3. to study analysis of rules and legal measures related to the determination of compensation for human trafficking offenses and the problems in determining compensation for human trafficking offenses in Thailand and 4. to study of guidelines and solutions for solving the problems in determining compensation for human trafficking offenses in Thailand.  is a qualitative research by Documentary Research Such as textbooks, books, research studies, theses, dissertations, academic articles, websites, journals, publications, related government documents and books and foreign laws, etc. Then the information gathered from relevant documents content analysis. The results of the study revealed that 1) compensation for human trafficking offenses is an important measure to help victims in regaining their original status as if the violation had not yet occurred but punitive damages have also been applied similarly to countries in the common law system 2) the criteria for determining compensation is still unsystematic, unclear and inappropriate resulting which victims who have to rely on officials to claim compensation do not receive adequate remedies, such as losses from damage to life, body, property, health, freedom and others 3) the determining compensation for human trafficking offenses in Thailand is left to various authorities with no definite and clear criteria, followed by different amounts of compensation are usually applied, resulting which the enforcement of Section 35 of the Anti-Human Trafficking Act B.E. 2551 is regarded as inefficient. The developing of rules and legal measures determining compensation for human trafficking offences is therefore necessary to effectively protect and remedy all victims concerned and 4) Guidelines and proposals for solutions to the problem of determining compensation for human trafficking offenses in Thailand is that the criteria for determining compensation in human trafficking cases should be revised by dividing compensation according to the nature of the damages incurred accordingly. with the Civil and Commercial Code specified