GUIDELINES ON IMPOSITION OF PENALTY STANDARD IN CRIMINAL CASES
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Abstract
The main objective of this research is to find out guidelines on the imposition of penalty standards in criminal cases. The qualitative research will be conducted based on literature review. The guidelines on the imposition of penalty standards in criminal cases or Yi Tok are important. This is because they will help the judges to exercise their discretion over the imposition of penalty in the same type of case in order that there shall not be very different punishments.
According to the outcome of the research, Thailand and foreign countries have used accounts of the imposition of penalty standards in criminal cases. However, the imposition of penalty standards in criminal cases in Thailand will be done in secret, namely that the origin or account of the imposition of penalty standards in criminal cases will not be disclosed to the public in any way. This differs from that of foreign countries. In foreign countries, there will be the disclosure of the accounts of the standards of the imposition of penalty in criminal cases to people. In addition, the people are allowed to participate in the preparation of the accounts of the imposition of penalty standards in criminal cases. This will not only make judicial discretion have a link with the people but also determine the extent of the punishments in criminal cases in the same type so that the punishments will not be very different.
This research has a suggestion that Thailand should disclose the accounts of the standards of the imposition of penalty in criminal cases to the public, and the people should be allowed to participate in the preparation of the standards of the imposition of penalty in criminal cases. In this regard, the Bill on the imposition of penalty standards in criminal cases B.E. …. should be drafted.
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