Problems in Prescribing Limitation Periods for Fines in Economic Crime Cases

Abstract

This research consists purposes were 1. to study the problem of prescription periods for fines in economic crime cases 2. to study the concepts, theories and legal principles related to prescription periods for fines in economic crime cases 3. to study and comparatively analyze prescription periods for fines in economic crime cases under Thai law and foreign law and 4. to propose legal solutions concerning prescription periods for fines in economic crime cases. This study is a qualitative research employing the documentary research method. Data were drawn from sources such as the provisions of Thai and foreign laws, court judgments, legal textbooks and relevant academic articles. The information obtained from these documents was then compiled and analyzed using content analysis. The findings reveal that 1) the concept of fines has developed alongside the principle of proportionality and the theory of criminal deterrence, particularly the ideas of Beccaria, Bentham, von Hirsch and Becker, which emphasize that effective punishment must be certain, proportionate and reflective of the offender's expected cost however, Section 95(5) of the Criminal Code imposes a uniform one-year prescription period on all fine-only offenses regardless of severity. 2) A comparison with the Federal Republic of Germany, the French Republic and the United States shows that all three countries determine prescription periods in accordance with the severity of fines and the concealed nature of the offense, whereas Thailand has no such legal measure. 3) Thailand's key problems consist of three issues, namely the problem of prescription periods for fines in economic crime cases, the problem of imbalance between prescription periods and fine levels and the structural problem of law enforcement agencies and 4) The researcher proposes enacting specific prescription periods within each statute in proportion to the severity of the offense, expanding the investigative authority of the Securities and Exchange Commission over criminal cases and enacting effective asset-freezing and whistleblower-protection measures, in order to elevate Thailand's enforcement of economic crime law to international standards.