The Enforcement of the Act on Administrative Fines, B.E. 2565: A Case Study of the Act on the Maintenance of Cleanliness and Orderliness of the Country, B.E. 2535, Section 17(2) in Bangkok

Abstract

This article aims to (1) to study theoretical concepts concerning the authority to arrest offenders, the imposition of increased penalties for repeat offenses, and the authority to impose fines in cases where fines are the sole penalty; (2) to compare the relevant legal in Thailand, the Federal Republic of Germany, and the Republic of France; (3) to analyze legal issues; and (4) to propose recommendations for amending the laws. This research through document analysis by gathering information from legal textbooks, academic articles, journals, research papers, theses, legislation, and easily accessible and reliable websites. The findings are as follows: (1) The theoretical concepts regarding the authority to arrest offenders, the imposition of increased penalties for repeat offenses, and the authority to impose fines in cases where fines are the sole penalty focus on ensuring certainty, speed, and equality in law enforcement. (2) Comparative legal studies reveal that Thailand has the Act on Administrative Fines, B.E. 2565, as the central law for cases where fines are the sole penalty, while the Federal Republic of Germany uses the Federal Administrative Offenses Act as the “central law” for non-serious offenses, and the Republic of France does not have a specific central law. (3) Legal issue analysis shows that Thailand lacks the authority to arrest offenders, has no standardized list of offenses and penalties, and restricts the individuals with the authority to impose fines. (4) The study proposes amendments to the Act on the Maintenance of Cleanliness and Orderliness of the Country, B.E. 2535.