Problems of Prevention of Recidivism in Sexual or Violent Offenses Law Enforcement

Abstract

This research consists purposes were 1. to study the concepts, theories and principles related to the prevention of recidivism 2. to compare legal provisions concerning the prevention of recidivism in Thailand the Commonwealth of Australia, the French Republic and the United Kingdom 3. to analyze legal issues related to recidivism prevention and 4. to explore recommendations for the development and improvement of laws associated with recidivism prevention. The research was conducted through a document-based study, drawing from various relevant sources such as legal textbooks, theses, research papers, academic articles, websites, statutory laws, and electronic information resources, both from Thailand and abroad. The collected data were then analyzed using content analysis. The research findings revealed that 1) Recidivism prevention laws serve to protect society and victims from repeat offenses while rehabilitating convicted prisoners before they reoffend 2) In Thailand, such laws are enacted in the Prevention of Recidivism in Sexual or Violent Offenses Act B.E. 2565 (2022) in the French Republic, they are codified in the Criminal Code in the Commonwealth of Australia, they are established under The Serious Offenders Act 2018 and in the United Kingdom, they are enacted under the Criminal Justice Act 2003. Australian law uniquely permits in absentia proceedings against convicted prisoners and clearly establishes a high probability standard of proof for prosecutors, French and British laws do not apply retroactively to convicted prisoners 3) Thai legal provisions contain deficiencies regarding in absentia proceedings, retroactive application, and undefined standards of proof and 4) This study recommends amending Sections 22 paragraph one, 25, and 37 of Thailand's Prevention of Recidivism in Sexual or Violent Offenses Act B.E. 2565 (2022) by adopting Australia's approach to in absentia proceedings and standards of proof, and repealing Section 43, which gives the law retroactive effect.