Journal of Thai Justice System

Guidelines for promotion and development of mediation process according to the Mediation Act, B.E. 2562

Thu, 28 Dec 2023 00:00:00 +0700

This research paper is part of the project “Studying the situation and evaluating the success of Thailand's current mediation measures” which aims to know the situation, problems, obstacles and related action results, to review the theories, laws, regulations, practices and measures related to the mediation of disputes in the pre-trial court, especially the mediation of disputes under the Mediation Act B.E. 2562 and to analyze and suggest guidelines for promoting and developing the mediation process in Thailand. The methodology is both quantitative and qualitative research methods.

From the research study, it was found that factors that make mediation successful must start from; 1. Creating awareness among people, building confidence and acceptance in the mediation process, and promoting and developing mediators with knowledge and abilities until they are accepted by the people. 2. Accelerating the process of mediating criminal disputes at the level of investigators that are still less mobilized by formulating concrete, strategies, policies, and plans for implementation. Improving and developing the process of mediating criminal disputes at the level of the investigating officers to facilitate their performance at the investigative level. 3. Developing the mediation process of the Public-Engaging Mediation Center by improving the law to have a process to assist the parties in the legal process in case of non-compliance with the dispute settlement memorandum. 4. Establishing a mechanism for integration among agencies that have mediation actions under their own specific laws. And 5. Improving the law to shift from alternative justice being the first way of justice and the way of salvation by requiring parties to use mediation before bringing the dispute to arbitration or court.

Student Bullying Behavior in Thailand through a Criminological Perspective

Natthapon Sokantat, Sunee Kanyajit, Phongthon Thanyasiri, Suppakorn Poonyarith — Thu, 28 Dec 2023 00:00:00 +0700

The research of bullying behavior of students in Thailand through a criminology perspective aims to study of bullying behavior from different perspectives on social bond theory and differential association theory. These are considered as criminological theories that relate the youth deviance behavior. Although bullying behavior is currently not an illegal act, deviant behavior can turn into criminal behavior without research study in all aspects along with the lack of apparent prevention guidelines. Therefore, this study is specific to the criminology perspective and focuses on relevant criminological theories by conducting a qualitative research study, in-depth interviews with 3 key informants, psychologists, academics on bullying behavior. and criminologist. The results showed that bullying behaviors are related to these two criminological theories which can be explained in terms of the causes and the social bond that are the main social institutions of great importance for children and young people If children and youth are highly socially engaged, they are less likely to exhibit deviant or criminal behavior, but those with low levels of social bonding or less social bonding tend to be highly deviant. In addition, if there is an association with friends who have bullying habits or behavior earlier, this will result in behavior learning and lead to their own behaviors. From the results of the study, it can lead to a preventive approach in the future.

Constructive crimes arising out of the protection of creative works (copyright)

Suwit Rattanasukon, Sumonthip Chitsawang — Thu, 28 Dec 2023 00:00:00 +0700

Creative works are generated from the intellectuality of human beings. Apart from its status of a civil right with an exclusive right, copyright has also been a category of Intellectual Property Rights. A trespasser, with an unpermitted copyright utilisation from the copyright owner, shall be labelled as a copyright infringer and must be liable for any civil damages sustained. Meanwhile, in the Thai Society, the unpermitted usage of copyright may also give rise to being criminally liable and becoming a criminal. In such a case, criminality would arise pertaining to social value of Individualism, economic theory of capitalism and consumerism, international obligation phenomena, along with a social construction through the criminal penalties enforced to the labelled trespasser-the infringer since copyright is made existing from the intellectuality of human creatures. For this reason, copyright is of a unique identity and some special characteristics possessions unlike those of naturally created or naturally derived resources. With its invaluableness, cherishing and shareability-free, a direct copyright infringement also means an infringement directly detrimental to the private right of the copyright owner, The infringer is, therefore, exposed to a severe and practically enforceable punishment. In such a case, according to the Thai Society, criminal penalties rank the most effective methods for problem solutions. To achieve a better understanding of phenomena contexts and the how-to of criminality construction, the methodology of discourse studies and discourse analysis would be suitably administered. Besides, human’s direct construction, copyright holds an especially unique identity different from other naturally created or naturally derived resources as the result of the world society's contexts as well as the value of consumption of sign. Parallelly, apart from the aforesaid elements, the advancement of the printing technology in Thailand plays a major role therein. This makes it available to make unlimited copies of the literary works and helps support the copyright identity. However, in terms of the strengthening copyright identity made by human beings, the legal severity arising from intense criminal penalties enforcements, labelling resuming, state officials and private sector officers’ operations, seizures, forfeitures and destructions of the infringed products, along with excuses of creativity encouragements as well as the economic growth are herewith justified. As the results of social phenomena and social contexts together with human’s construction in the Thai Society, copyright, with its fully nourished status, gracious existence and specialised identity, awaits for respectful paying from all those in the Thai Communities. Any deeds in forms of controversy or infringement shall be certainly avoided, otherwise deadly punishments would be strictly applied thereto. This can give rise to an overwhelming generation of criminality to the Thai Society at the end.

Offense, Imposition and Children’s Protection Right: Comparative Study between Thailand and Lao PDR

Apinan Srisiri, Miruntee jearaksuwan — Thu, 28 Dec 2023 00:00:00 +0700

The purpose of this research is to study the principles of crime diagnosis, the determination of punishment and the protection of children's rights. Juveniles in criminal law within two countries and suggest guidelines for the development and promotion of child rights protection youth under the like Differences in Comparative Studies This is a basic research. Using a paradigm in qualitative research and interviewing experts the study found that the laws of both countries define criminal liability. and guidelines for the determination of penalties in the same direction of internal law, such as children's rights, criminal liability judgments; criminal prosecution for children However, there are differences, such as setting a minimum age to commit crimes. No criminal prosecution of children under 18 years of age, with recommendations that Thailand should establish a criminal component. The definition of child in criminal law and the role of community and family play a role in the resolution of children's disputes.

Prevention of Violence Victimization against Gender Diverse People and Solutions

Taywan Viwatpattanakul, Aranee Vivatthanaporn, Navapat Narongsak — Thu, 28 Dec 2023 00:00:00 +0700

This qualitative research on the issues of physical, sexual, and psychological violence aimed to (1) investigate violent behaviors as well as forms of violence in LGBT groups, (2) explore causes of violence against LGBT victims, and (3) propose preventive measures and solutions. This study was conducted by using a semi-structured interview with twenty key informants divided into four groups: (1) five LGBT victims experienced in violence in their lifetime from the Rainbow Sky Association of Thailand, the Foundation of Transgender Alliance for Human Rights, and the Sisters Foundation who have experienced violence once in their life, (2) five physical and/or sexual offenders against LGBT victims from Pattaya Remand Prison, (3) five LGBT informants from public figure, famous person or individuals who are not the victims of violence, but experienced the violence from surrounding LGBT person, and (4) five LGBT rights academics or activists and criminologists with at least ten years of work experience. The results revealed that violence victims were found to be LGBT people, especially gay men or transgender people whereas the violence experience was caused by their family members, friends, girlfriends, boyfriends and acquaintances whom they met for the first time through social media and online applications. It was found that there are five categories of violence against LGBT victims, physical, sexual, psychological, verbal, and social violence. The violences affect LGBT victims in terms of mental, physical, and social problem. These will continue to affect their living. The victims will suffer from fear, stress, and despair, which can possibly lead to PTSD syndrome. Mostly, group of people who committed the violence against LGBT are with bias and less understanding of gender diversity and equality. This includes homophobic groups and parents who do not accept their LGBT children. This was caused by their misunderstandings of gender diversity, hate, prejudice, loneliness, jealousy, loss of trust in people they met for the first time, weaker physical character of LGBT, and violence experiences. To reduce and prevent violence against LGBT, cooperation from all sectors, including the government, private sectors, civil society, and LGBT and non-LGBT communities is required to support and mobilize for LGBT rights through legal enforcement and policies. In addition, the responsible organizations must be easily accessible and effectively helpful. Association or foundation for LGBT victims support of should be established throughout the justice process. The family and educational institution must provide their children and students with knowledge and understanding of gender diversity. Also, the promotion of LGBT rights on legal gender recognition, fundamental rights, same-sex marriage rights, and necessary healthcare rights to LGBT population should be achieved.

World Behind the Wall: Psychological Experiences and Cognitive Adaptation of Female Inmates

Marisa Atchawong, Natthawut Arin — Thu, 28 Dec 2023 00:00:00 +0700

This research is the hermeneutic phenomenological approach and aims to examine psychological experiences and cognitive adaptation of female inmates who live in correctional institution. The data was collected from 14 female inmates and the in-depth interviews were performed. The qualitative data obtained is analyzed using content analysis. The results reveal that psychological experiences and cognitive adaptation of female inmates could be arranged into 2 parts as follows: Part one, Psychological Experiences of Inmates, which reflect female inmates’ thoughts and emotions when they came to the prison, consisted of 4 main themes :1) Feeling of suffering 2) Feeling of guilt towards families and lovers 3) Anxiety about lawsuits and judgments 4) Struggle in the past events. Moreover, Part two, Cognitive Adaptation of Inmates, which is the cognitive process could help them to solve problems and to be well-being, contained 2 main themes: 1) Cognitive adaptation affected from internal world 2) Cognitive adaptation caused by external supportive factors.

The research finding leads to understanding of experiences and cognitive adaptations of female inmates who live in correctional institution. In addition, the research results indicate that mental health healing by counseling psychology in female inmates is considered as a supportive counsel, to help them to introspect, to aware of themselves, to esteem their internal value or self-worth, in order that they are be able to find hope, optimism, mindfulness and to live in the present moment, including find out their own coping strategies. In conclusion, the research results of the process can help female inmates to have well-being and ease their living in the prison.

Problems and Challenges in Resolving the Recidivism in Thailand

Poowadon Chai-in, Yodsawadi Thipphayamongkoludom — Thu, 28 Dec 2023 00:00:00 +0700

This article seeks to clarify the problems from recidivism solving in the Thai criminal justice system. Research materials on the prevention of recidivism were analyzed and guidelines on challenges in resolving recidivism were recommended. Document research and review article based on quantitative methods were applied. The results showed that problems of recidivism were preliminarily existing in the definition of recidivism, data and statistical collection, treatments for specific group of recidivists, and the identification of the main causes and factors of recidivism which are significant challenges to tackling the issue. In addition, the resolution of recidivism under concrete research integration and stakeholder collaboration was analyzed and proposed. This included criminal justice system and treatment of offender development, social and economic policy development, improvement of legal measures, and the application of research-based evidence. This article proposes a holistic approach to resolve the problem of recidivism under the criminal justice system based on contexts and research findings. Moreover, proper suggestions of policy support to resolve the recidivism for criminal justice organizations in Thailand were recommended.

Fraud Prevention Strategies for Banking Tellers

Amornchai Namphon — Thu, 28 Dec 2023 00:00:00 +0700

Currently, there are various kinds of fraud against banks, causing a huge amount of damage to banks. The frauds were found to be external frauds, for example, counterfeit ATM cards and credit cards for withdrawing money via ATM and swiping credit cards for payment of products and services. The frauds also included frauds on e-commerce via online channels. Most banks are well protected under their employed systems. Although frauds can be posted on media as breaking news, the banks were able to control such situations and deal with such frauds in a short period of time. However, internal problems which are considered as the silent danger against banks, especially frauds caused by "tellers" who are responsible for money depositing and withdrawal have been unresolved. They could make any fraud at any time without any clue to predict their frauds in advance. This became a vulnerability with no sufficient prevention by the banks. These frauds caused damage to the assets, reputation, and confidence of outsiders, especially customers of banks. Previously, there were only a few numbers of research on the causes and behavior of tellers in the banking business who committed fraud against their duties. Therefore, the researchers found an opportunity to conduct research on this issue. This article is a part of the thesis written by the researcher who was studying in Master of Business Administration Program in Management and Strategy, Mahidol University. Qualitative research through the in-depth interview with 19 people with experience in frauds caused by tellers in the banking business from 4 private banks, as well as protected data on internal frauds of tellers in the banking were examined. The results revealed that the frequent format of fraud against banks was fake money transformer or depositing money via bank transfer without the actual amount of money. The second widespread fraud was stealing of excessive money from the summation at the end of the day. The most frequent format of fraud to customer was the money withdrawal from non-responsive bank accounts over a long period and a fixed deposit account. The next highest number of customer fraud was error cancellation. There were 3 factors resulting in fraud committed behavior as follow: (1) pressure caused by financial problems, for example, infatuation with gambling, debts, family expenses, desire leading to official and non-official debt collection, and stress caused by work performance; (2) opportunities and vulnerability that may support fraud, for example, customers’ trust. Customers left their book banks or related documents with some trusted employees. For trust of supervisors towards employees, it was often caused by the consideration of branch executives to seek out trustworthy, careful, and familiar tellers to supervise some processes when they were not available or when the number of tellers was insufficient to provide services to customers. Customers often left their verification codes with tellers, which were considered as the key to changing transactions or making any risky transaction. Also, it is considered as the way to empower the position of such tellers and to offer the assignment to only trustable tellers, (3) self-rationalization, for example, the feeling of unfairly treat by the banks so that the teller had to commit fraud to get rid of that feelings or to cause damages against banks. For instance, when tellers make a mistake or cause a missing amount of money at the end of the working day, they may be forced to pay the missing amount out of their own money or have their salaries deducted, leading them to believe that they should keep an excessive amount of money in case there is a mistake of transaction. These three factors that contribute to fraud may interact with the actions of fraudsters, consistent with Fraud Triangle Theory of Donald Cressey (1953).

The guidelines for prevention of teller frauds in banking business could be the establishment of rewards and support as well as the prevention through punishment to balance the behavior of tellers. These guidelines could be divided into 2 forms:

the Pre-Fraud Strategy, this is to prevent any financial activities that were divided into 5 elements, as followed: (1) Rules, regulations, and policies must be concisely established. One employee must be prohibited from several duties. Rules on absolute punishment must be established for punishing branch executives for failure to check daily reports and maintain verification codes. Rewards should be given to employees who blow the whistle on behaviors of their colleagues in the manner of frauds; (2) Prevention could be done by working area arrangement to be open and clear. The position of workstations and computer screens of tellers must be clearly seen by executives. Resolution of CCTV should be in high quality in order to see all corners of the branch thoroughly; (3) Subculture should be built in the organization where the branch manager should be able to be approached by tellers. Therefore, they could discuss and consult with the branch manager on all issues, including personal, family, and work-related issues. Strictness on the bank’s product sales should be reduced by assigning sales teams instead of tellers; (4) work potential and living should be improved by consideration of the remuneration to be consistent with cost of living. In addition, ethical trainings as well as suggestions and knowledge on accessing and using welfare loans should be provided to employees; (5) The use of verification code must be controlled by innovation, i.e., application of high-level employee certification based on card and face scanning transactions. In addition, a Central Authorized Unit should be established to approve risky transactions.

2. Strategy of the consecutive process, divided into 2 elements: (1) Implementation of program and a real-time notification system for customers. In addition, there should be a