PROBLEMS AND OBSTACLES IN THE ENFORCEMENT OF THE PREVENTIVE MEASURES FOR RECIDIVISM IN SEXUAL OR VIOLENT OFFENCES ACT B.E.2565

Abstract

            This article aims to examine the legal issues and obstacles in enforcing the Prevention of Recidivism in Sexual or Violent Offenses Act, B.E.2565 (2022), a special law enacted to introduce measures aimed at preventing repeated sexual or violent offenses. The Act establishes mechanisms such as offender rehabilitation, post-release surveillance, and post-release detention, with the primary objectives of safeguarding society and preventing future crimes. At the same time, it seeks to promote offender reintegration while ensuring fairness, proportionality, and respect for rights and legal obligations. The study finds that Section 19, paragraph one, lacks clarity as it does not explicitly specify that only cases in which the public prosecutor has formally filed charges against the defendant fall within the prosecutor’s authority to petition the court for rehabilitative measures. Furthermore, Section 19, paragraph four, fails to guarantee the defendant’s right to present all relevant facts during the hearing. In addition, Section 20 does not grant the defendant the right to request the court to amend, modify, or revoke the rehabilitative measures imposed. These legal ambiguities pose significant obstacles to the effective and lawful enforcement of the Act and may unduly restrict defendants’ rights. Accordingly, this article recommends legislative amendments to 1) clearly define the scope of the public prosecutor’s authority, 2) guarantee the defendant’s right to a fair hearing, and 3) provide the defendant with the right to file a motion for judicial review or revision of rehabilitative measures, in accordance with the principles of the rule of law.