Concept of Modern Imprisonment on Guidelines for Development Legal Measuring of Imprisonment of the Kingdom of Thailand

Abstract

This research aims to study the conceptual development, principle and theory of imprison enforcement including punishment theory, penalty enforcement theory,  constitution concept of imprisonment, concept of human being dignity, concept of equality, concept for rule of law and legal state, international covenant on imprison enforcement, also the legal standard of imprison enforcement for both ;  abroad and Thailand. It is aimed to study and suggest the legal solution of imprison enforcement by the Act of Correction B.E. 2560 which conforming to the context of the Kingdom of Thailand.

The study has found that there is a legal problem with legal standards enforcement of the Act of Correction B.E. 2560. The issues were occurred on good fundamental principles of penalty enforcement. The problem also included the rehabilitation of prisoners by given the rights of education, training and professional development to prisoners by government. The process of prisoner protection from sexual abuse and setting the standard of practice to prisoners in prisons, are affected to the prisoners who are in the protection of prisoners' rights.  Also, some legislations do not conform to the concept of the modern imprison enforcement and the legal standards are not support or promoted the needs of prisoners during imprisonment.

The researcher agrees to the concept of the modern imprison enforcement. The legal standard of imprison penalty from foreign countries and international covenant on imprison enforcement should have brought to revise on the Act of Correction B.E. 2560 by the fundamental principles of penalty enforcement ; the protection of prisoners' rights of education, the protection of sexual abused prisoners in order to enforce the law of imprison enforcement which compiles to the concept of modern imprison enforcement and to improve the further prisoners’ standard of living over all. It also helps those prisoners to live without recommitting the offence and be dependent after release from imprisonment.