Implementation of Measures to Prevent Recidivism of Sexual and Violent Offences in Military Courts

Abstract

          The Measures to Prevent Recidivism of Sexual or Violent Offences Act B.E. 2565 (2022) is enacted with the intention of preventing and monitoring criminal behavior, enhance public safety, address related problems, and reduce the rate of recidivism. The law stipulates that the Court of Justice with jurisdiction over criminal cases shall have authority to consider and impose various measures under this Act on convicted offenders in criminal cases. This does not include granting such authority to military courts, even though military courts have jurisdiction over criminal cases in which the offenders are persons under their authority. Therefore, military courts are also among the organizations that possess authority and responsibilities within the criminal justice process. This Act should thus grant military courts the power to consider and impose various measures under the law, just as the Courts of Justice have the authority to adjudicate criminal cases.

          Accordingly, to maximize the effectiveness of preventing recidivism and to ensure uniform standards, it is appropriate to amend the Measures to Prevent Recidivism of Sexual or Violent Offences Act to grant military courts the authority to consider and impose various measures on convicted offenders who are under their jurisdiction. This would result in a more effective and efficient prevention of recidivism, in line with the intent of the law to enhance public safety, reduce the rate of recidivism in criminal cases involving sexual or violent offences, and protect society and victims from the possibility of offenders committing repeated crimes.