ปัญหาการบังคับใช้และอัตราโทษทางอาญาตามกฎหมายล้มละลาย

Abstract

This article aims to reveal the problems of enforcing bankruptcy law by the official receiver and criminal sanctions in the offences related to bankruptcy that is causing problems with bankruptcy law enforcement in the investigation of criminal cases by the official receiver and the ratio of criminal sanctions that unsuitable and can cause the offenders have no fear of the law. Moreover, this article will compare the powers of investigation offense of official receiver, police officer, and Department of Special Investigation (DSI) to find the best way to resolve legal problems in investigation stage of criminal cases for solving the problem of criminal sanctions in order to implement law enforcing completely. This study has done by using qualitative research and the data was obtained from documents on the legal provisions of Thailand regulations, the order of legal execution department, thesis, researches, and other evidences.

The study found that Bankruptcy Act B.E. 2483, section 160 has no clarity in empowering the official receiver to have the power of investigation in criminal cases related to bankruptcy law. The offense under section 161-175 has not so severe punishment which causes the offender to fear. Besides, the official receiver still lack of expertise in investigation, unlike the investigation by the police officer or the Department of Special Investigation (DSI) that had been experted in the investigation because of passing through the course of investigation. Therefore, there should be the coordination among Legal Execution Department, Police Department, and Department of Special Investigation in the investigation of criminal cases related to bankruptcy law. Furthermore, the criminal penalties that related to bankruptcy law should be increased for causing fear to the offenders and to comply with the current economic situation. Besides, the ability of the official receiver should be increase in order to be expert in criminal cases related to bankruptcy that will cause law enforcement completely and to arraign the offenders to get into the punishment more than the prior times.