Legal Issues Concerning the Execution of Custodial Sentences Regarding the Transfer of Inmates for External Medical Treatment: A Case Study of Authorizing Off-Site Medical Care

Abstract

This research consists purposes were 1. to study the history, concepts, principles, theories and legal measures for enforcing imprisonment sentences, as well as measures for control, supervision and regulation of such enforcement 2. to study the principles of transferring prisoners for medical treatment outside of prison and the suspension of imprisonment sentences during incarceration 3. to study the problems of transferring prisoners for medical treatment outside of prison and compare them with the practices of foreign laws and 4. to suggest ways to improve and amend laws and legal measures regarding the authority to transfer prisoners for medical treatment outside of prison. This study employed a qualitative research approach through documentary research. Data were collected from textbooks, research studies, academic articles and other related documents. The collected data were then analyzed using content analysis. The findings indicate that 1) The fundamental principle of enforcing imprisonment sentences emphasizes the protection of the rights and freedoms of prisoners as those subject to the consequences of their punishment, specifically the principle of prisoner human rights 2) Legal measures concerning the enforcement of imprisonment sentences include the addition of temporary suspension of sentences in cases where prisoners require medical treatment in hospitals outside of prison 3) In cases where a prisoner's medical stay exceeds thirty days, the authority to grant permission rests with the Director-General of the Department of Corrections. There is currently no legal mechanism to review the fairness of such discretionary decisions by the judiciary or external agencies and in such cases, there are no alternative measures for enforcing imprisonment besides sending prisoners for treatment at medical facilities outside the prison and 4) We recommend amending the Ministerial Regulation on the Transfer of Prisoners for Treatment Outside Prisons B.E. 2563 (2020), issued under the authority of Section 55 of the Corrections Act B.E. 2560 (2017) and amending the Code of Criminal Procedure, Part 6, Chapter 1, Enforcement of Judgments, to empower the court to control and monitor only in cases where prisoners require treatment at a medical facility outside the prison for more than thirty days and to establish supporting measures related to enforcing imprisonment in other forms, in order to protect the rights of prisoners while maintaining the effectiveness of sentencing.