THESIS

:
CRIMINAL LAWS IN THAILAND SHOULD BE STRONGER TO
DETER CRIMES
BY
JIRATCHAYA KANJANACHUSAK
(JUNE) G.1108
Criminal Laws in Thailand should be stronger June Kanjanachusak (June) 1108

Criminal Laws in Thailand should be stronger for deter the crime

Introduction

“I don’t think you should support the death penalty to seek revenge. I don’t think that’s

right. I think the reason to support the death penalty is because it saves other people’s lives.”

According to Georage W. Bush, the 43rd president of the United Stated (2000) No life is worth

for another life, and kindness for any ferocity. That’s why people create the criminal laws to

protect themselves. The purpose of the criminal laws is to deterrence of heinous crime by making

criminals afraid to make a desperate event and not repeat what they did again. However, there are

some countries that have a bad organize. Thailand is one country that the laws don’t help to

prevent any crime or decrease the loss of innocent life. According to Encyclopedia of Sexuality:

Thailand (n.d.) “Rape is a criminal offense but the law is rarely enforced.” This quote shows that

how weak the laws is. Even though, the rape’s penalty is death. Thailand still doesn’t take this

seriously. The number of rape cases in Thailand jumped up from 3741 in 1997 to 5052 in 2004

(“Facts and Details”, 2014) which mean that it’s important to looking to the laws seriously. As a

matter of fact, criminal laws in Thailand should be stronger and decisive enough to deter any

crimes by not having clemency, and corruption.

Clemency

To begin with, clemency is one of the factor that cannot fear any criminals because those

process can be used with any punishments even execution, the hardest punishment, in Thailand.

Criminals do not scare of the criminal laws because even though they are decided to be killed,

they still can get clemency. With this, the criminal rate will be higher than what it should be. The

more country give pardon, the more crimes would come out to the social. Additional, Thailand is

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Criminal Laws in Thailand should be stronger June Kanjanachusak (June) 1108

one of the country that have a lot pardon because of religious that teach Thai to give a chance to

other people. So, they give pardon every important national event such as King’s birthday,

Queen’s birthday, and etc. According to the study of an inductive comparative criminal justice by

Daniel Pascoe, assistant professor of city university of Hong Kong (2016). The proportion of the

prisoners who decided to execute granted clemency or pardon before they were killed are around

90 percentages for Thailand while for Singapore is 1 percentage during 1975 to 2014. The

statistic shows that Thailand had the high amount of clemency times for the death row prisoners

if compares with Singapore. Moreover, due to Daily news (“Rake up the Death Penalty case”,

2015) is one of the oldest Thai language newspaper published in Bangkok. Major Chalermchai

Mathchalum, person in confinement for murder case in year 2544 was released after 30

September 2558. He killed Prina Leepannapanbut, the provincial governor of Yasothorn by shot

him at his head and throat slit multiple times. His punishment was decided in 2549 which was

execution. However, he got clemency which decrease his punishment to life imprisonment. Then,

he continually got clemency for 4 times. With this, he had to just have to live in jail for 17 years

and 24 days. This can be conclude that even though the prisoner is decided to be executed, but in

Thailand which is country that have clemency, the prisoner state still can be change like from

what evidence show; from being execution to parole because of the clemency. Hence, Thailand

should ban the clemency to make stronger criminal laws.

Corruption

Secondly, corruption are available in Thailand which mean criminals can corrupt with

officers and justice. Dishonesty and fear leads to corruption with justice or using any scapegoat

in Thailand. Sometimes, crimes are rich which can bribe other people. They can escape from the

law by using the thing called “Money.” Additionally, corruption doesn’t include only bribing, but

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Criminal Laws in Thailand should be stronger June Kanjanachusak (June) 1108

also when someone use power in the bad way such as controlling, oppressing and etc. Due

to Thai News Agency is owned by the MCOT Public Company Limited (“2 year prison not

parole”, 2016), which was broadcasting news and entertainment programs in Thailand, reported

about court sentenced the case about Pol.Col. Chardchai Netilatakarn, pervious superintendent

Phoekaew Police Station, bribed 30 million baht to justice of constitutional court for helping him

from the abolishment of political party at Bangkok, on 24 December. This case shows the

example of how people use their money to escapes from the case that he is related to. This is

bribery which is one type of the corruption. As well as Daily news, one of the oldest Thai

language newspaper published in Bangkok (“Police lineup scapegoat mob charges”, 2017). they

reported about a group of seven policemen were involved in an attempt to caught offender of hit

and run case. They caught portray a schoolteacher Jomsap Saenmuangkhot as a scapegoat in the

case which sentenced to prison for 1 year and 6 months. After that, court started a retrial. This

case became famous which made Sab Wapee, the real offender came and confessed to the social.

He also claimed that he didn’t know about the wrong arrest. This shows that even though, those

seven policemen knew that they caught a wrong person, but they still caught her which mean that

they masterminded the scapegoat plot. This is petty corruption, one type of the corruption. As

was previously stated, it can weak the criminal laws by being selfishness called “Corruption”.

Mask

Hard punishment, such as death penalty, is a killing someone by just using mask that

called “Laws.” It’s a crime by itself. People said that killing someone is wrong, but death penalty

is killing someone too. On the other hands, if government let murderers out instead of execute,

and those people don’t feel any guilty. After they got parole, they will repeat what they did

before. With this punishment, the innocent lives would be safe by protecting the law. Based on

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Criminal Laws in Thailand should be stronger June Kanjanachusak (June) 1108

Teeranai Chuaruvastra (2017), the staff reporter of Khaosod English, one of the credible news

site in Thailand. From the news, a guy stabbed a man to death for stealing Iphone7. Kittikorn

Wikaha, one of the suspect murder, who police said he has served eight separate terms in prison.

According to police, Kittiokorn said that if the victim didn’t resist, his death wouldn’t be

occurred. These information showed that the criminal didn’t feel any guilty even though he

already got punishment for eight times, but he still repeated making a crime which demonstrates

how weak the law is. From this case, the governor should punish criminal harder, so at least, the

rest of people won’t get risk to any heinous events. Ernest van den Haag, a Professor of

Jurisprudence at Fordham University who has studied the question of deterrence (“Arguments

for and Against the Death Penalty”, 2000). He stated that capital punishment is the one that can

deter more than other punishments because people scare of death more than anything else.

Therefore, the threat of the death penalty may help to deter some criminals. And also the death

penalty is the only punishment that could deter prisoners already serving a life sentence and

attempt to kill someone, or criminals about to be arrested and facing. At last, he said that we,

humans use the law to all protection for special risks that can occurred. From what Ernest van

den Haag stated, even though the giving death to crime looks cruel, but it worth to risk with it,

because at least it might help to protect innocent life by scare crime with death. Overall, these

can be concluded that Thailand’s criminal laws should be stronger to make crime scare and not

repeat what they did anymore even though, the punishment is too cruel and seems like murder,

but it’s necessary.

Conclusion

All in all, it’s necessary to making the criminal laws in Thailand become stricter for deter

the criminal rate. As a consequence, the percentage of criminals in Thailand granted parole were

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Criminal Laws in Thailand should be stronger June Kanjanachusak (June) 1108

90 percent which mean that the criminals can be weak by having clemency. Moreover, the

corruption inside Thailand will weak the laws too and decrease the criminal rate. According to

Daily news, even the policeman still did a corruption. Finally, even though, people said that

death penalty which is criminal laws is killing someone like murder. But it’s rather than let

criminals out and repeat what they did again. The purpose of criminal laws is to deter crime and

prevent the repeated crimes. Therefore if people don’t take that laws seriously, you might be the

victim someday.

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References
Arguments for and Against the Death Penalty. (2000). Retrieved February 19, 2017 from
http://deathpenaltycurriculum.org/student/c/about/arguments/arguments.PDF

Chaeuvastra T. (2017). SUSPECT IN BRUTAL BANGKOK KNIFE MURDER VIDEO ARRESTED.
Retrieved February 19, 2017 from
http://www.khaosodenglish.com/news/crimecourtscalamity/2017/01/06/suspect-brutal-bangkok-
knife-murder-video-arrested/

CRIME IN THAILAND: RAPE, MURDER, YOUTH CRIME, HUMAN TRAFFICKING AND
CRIMINALS HIGH ON DRUGS. (2014). Retrieved January 27, 2017 from
http://factsanddetails.com/southeast-asia/Thailand/sub5_8f/entry-3280.html

George W. Bush on Crime. (n.d.). Retrieved Janauary 27, 2017 from
http://www.ontheissues.org/Celeb/George_W__Bush_Crime.htm

Pascoe, D. (2016). Singapore and Thailand: Explaining Differences in Death Penalty Clemency.
Retrieved January 30, 2017 from https://poseidon01.ssrn.com/delivery.php?
ID=59709511609508803006401706910107700212706305605206408210809401500509
210812211402707505300300512004701111202010206812000412012010908205402806
810207007306706508910206606105309509712607012312206700609601501112007301
1010086087026120106096064066125117085&EXT=pdf

Police lineup scapegoat mob charges. (2017). Retrieved February 11, 2017 from
http://www.bangkokpost.com/news/general/1182545/police-line-up-scapegoat-mob-
charges

Rake up the Death Penalty case from death sentence to life-long. (2016).Retrieved January 30, 2017 from
http://www.dailynews.co.th/article/352080 [Translated]

2 year prison not parole ‘Pol.Col. Chardchai’ bribes bribery case for 49 years. (2016). Retrieved
February 10, 2017 from http://www.bangkokbiznews.com/news/detail/687616

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