PROBLEMS WITH IMPRISONMENT AND FINES FOR OFFENCES OF FOREST ENCROACH MENTACCORDING TO THE FORESTS ACT, B.E. 2484 (1941)

Abstract

    Analysis of the Act is another significant process to improve legal measures to be more effective. Therefore, the purposes of research are to 1) study problems of imposing imprisonment and fines on the offense of deforestation and 2) study problems of enforcing extenuating circumstances according to the Penal Code, and 3) seek measures relating to imposing imprisonment and fines on the offense of deforestation to be guidelines for effectively amending the Forest Act B.E. 2484 (1941). This was documentary research along with the interview. 12 samples were selected by purposive sampling. The structured interview questionnaire were approved for human research ethics. The data was collected by employing unofficial in-depth interviews, analyzed by analyzing elements, classifying, and systemizing the data. The research revealed that 1) the penalty for deforestation was imprisonment of not exceeding five years or a fine of not exceeding fifty thousand Baht. Most of the key informants deemed that imprisonment and fine rates should be increased. The minority of key informants deemed that imprisonment and fine rates were appropriate. Some of them deemed penalties should be lessened. 2) Enforcing extenuating circumstances according to the Penal Code to the Forest Act B.E. 2484 (1941) was appropriate and not necessary to be amended and 3) measures acquired were to increase imprisonment and fine rates or adjust them to be proportionate to the damage. Therefore, the law would be able to suppress offenders of deforestation cases if penalties were amended to increase in order to reduce the offense of deforestation cases.