Abolition of the Death Penalty: Case study of the Offenses Rerated to Setting Fire to Property

Abstract

The research on the abolition of the death penalty, focusing on a case study of offenses related to arson involving any private or public building as stated in Section 218 of the Thai Penal Code, aimed to explore the concepts of human rights and the protection of human dignity relevant to the death penalty under international public law, as well as the domestic laws of Thailand and other countries. The study examined and compared the death penalty for arson under Thai law with foreign laws, specifically those in the US, France, and Japan, and proposed guidelines for developing an appropriate punishment model for offenses involving property destruction by arson. This research employed qualitative documentary methods, including in-depth interviews.The findings revealed that the application of the death penalty for offenses related to property destruction committed by arsonists under Article 218 of the Thai Criminal Code does not align with international public law concerning the protection of human dignity and human rights. The main reason is that imposing an excessively severe punishment for such an offense is considered disproportionate and unjust. Since offenses related to property destruction by arson are not regarded as the most serious crimes under international standards, the study proposed reforming Thailand's death penalty laws to conform to international principles. The research recommended amending Section 218 of the Criminal Law by abolishing the death penalty as the maximum punishment for arson offenses. Additionally, it suggested that life imprisonment be established as the maximum penalty, with the addition of fines, to achieve justifiable punishment and ensure compliance with principles of human rights and human dignity.