RETROSPECTIVE EFFECT UNDER THE MEASURES TO PREVENT RECIDIVISM OF SEXUAL AND VIOLENT CRIMES ACT B.E. 2565

Abstract

There are more sexual offenses and violent crimes occurring now than ever before, affecting both society and the families of the individuals who are harmed. Despite being appropriately and severely punished by the law, some criminals who have been appropriately and severely punished by the law may be released and engaged in criminal activity again. Despite the fact that there is a procedure for authorities to follow, such monitoring is not legally enforceable and is ineffective at preventing crime. As a consequence, some offenders tend to commit more offenses of the same or similar crime. Therefore, criteria under the Royal Decree on Measures to Prevent Recurring Offenses Relating to Sexual Offenses or the Use of Violence, B.E. 2565 was set up in order to prevent repeated crime, monitor crime and establish social protection. However, the provisions of Section 43, which apply to cases pending in the court and the release of offenders for offenses specified in Section 3, will be retroactive to the day before the enforcement of this Royal Decree. This retroactivity will be effect on the offenders because on the day they committed the offense, there were no measures under this Royal Decree, following the principles of criminal law, bringing the Royal Decree on Measures to Prevent Recurring Offenses Relating to Sexual Offenses or the Use of Violence, B.E. 2565 into effect. Section 43 applies to pending cases in court and may have legal consequences and impact the individual's freedoms. It has been noticed that the Penal Code should be changed to include repeated sexual misconduct or violent acts, particularly in Article 43, as of B.E. 2565. This is to make sure that the principle of non-retroactivity is followed and to protect the rights and freedoms of citizens as set out in the Constitution. It is stated that this change will apply to people who break the law by committing sexual misconduct or violence as described in Article 3, after the law has been applied. This is to make sure that the law is clearly followed and avoid any confusion.