มาตรการกักขังแทนค่าปรับกับความเหลื่อมล้ำทางเศรษฐกิจ ในกระบวนการยุติธรรมทางอาญา

Abstract

This academic article aims to study the detention measures instead of fines for demonstrating, it is contrary to the principles of equality due to economic inequality. Meanwhile, the court orders the fines, the wealthy convicted person could pay the fine due to the court's bill. On the contrary, the unwealthy convicted person would not be able to pay the fine. As a result, to protect their restriction of liberty and inability to pay fines. This article will propose effective legal approaches that affect both wealthy and unwealthy convicted persons. If the convicted person has no real property to seize or use instead of the fine included unable to give social service for public benefit instead of fines. Furthermore, it is necessary to find legal measures that could solve the restriction of freedom and liberty. currently, there are several problems with fixed penalty rates for the convicted person since the rule does not concern each convicted person's status. Therefore, this article proposes guidelines for determining the new rate of penalties to be consistent with                the income of the individual and daily fines, including the principle of equality of fines, which may be paid in instalments in order to avoid the detention instead of fine, regarding by the principle of proportion, the advice from the president of the Supreme Court so that the convicted person who is not wealthy could pay their fines without grounds for liberty.