Criminalization in Accordance with the Provisions in Constitution of the Kingdom of Thailand B.E. 2560 Section 77: A Case Study of the Offense Under the Act on Offenses Arising From the Use of Cheque, B.E. 2534

Abstract

The Constitution of the Kingdom of Thailand, B.E. 2560 (2017), establishes the principle of reviewing the appropriateness of the law in Section 77, which results in the State having the obligation to consider to amend. and abolish laws that are not consistent with many social contexts. In the criminal law section, there is a provision which defines the principle of criminalization, limited only to cases of serious offenses, together with the criteria for reviewing the suitability of the law under the Royal Decree. Law 2558. However, the Thai law system still prescribes an offense under the Act on offenses resulting from the use of cheque, B.E. 2534 (1991), the law which reinforce reliability and increase performance of private payment, as a criminal offense. In this case there is notice that should be considered about criminalization in accordance with this constitution. According to study it had been found that criminal offense from this Act is not inconsistent with criminalization theory and constitution, so the act which violate this Act must be decriminalized.