Legal Measures to Control the Transmission of Coronavirus Disease 2019 under the Communicable Diseases Act B.E. 2558 in Chiang Mai Province

Abstract

The purpose of this research was to study the facts and legal problems, in controlling the transmission of the Coronavirus 2019, both in Thailand and abroad, to find appropriate measures for amending Thai laws to be more effective.  This qualitative research, with in-depth interviews of 11 people who are involved in the legal measures to control the transmission of the coronavirus disease 2019, together with documentary research from law textbooks, research papers, and websites.

The results showed that establishments that have detected an infected person but do not notify disease control officers, the law must be enforced strictly and educate relevant persons to comply with this law. The owner of the establishment is responsible for the expenses incurred by the official. But the capabilities of those who did not comply with the law should be taken into account. Submission of documents or evidence to the official at the disease control checkpoint must not have any exemption. Vehicle owner or infected person must be responsible for the cost incurred. The provincial committee should have more representatives from local and private sector. The law should be strictly enforced, by adding criminal penalties.  Discretion must be based on facts and laws for decision-making.

Chiang Mai Province or Thailand should strictly and seriously enforce all laws related to the communicable diseases, by applying criminal law to determine liability of an offence on covering up contagious disease by intention, or carelessness. This is criminal offense of intentionally or recklessly spreading germs causing death to others, attempted murder. physical harm to another person, or intentional, or reckless acts that cause physical, or mental harm to another person.