CRIMINAL LIABILITY OF LEGAL ENTITIES: A COMPARATIVE STUDY OF THAILAND’S PENAL CODE AND INTERNATIONAL PERSPECTIVES

Abstract

This article explores the evolution of the concept of corporate criminal liability, which has gained widespread acceptance in many countries that recognize the importance of regulating corporate behavior. Particularly in cases where corporations may have significant economic and social impacts, the enforcement of criminal measures against corporations strengthens public trust in the legal system, mitigates potential public risks, and enhances fairness in legal proceedings in alignment with the modern corporate role in society. A comparative study of corporate punishment approaches across countries reveals differences in the methods and severity of sanctions. For instance, in the United States, beyond fines that align with the financial status of the corporation, there are probation measures, asset forfeiture, and other forms of penalties aimed at redressing harm caused by corporate actions. In some cases, corporations may also be required to issue public notices or engage in community service, reflecting commitment to social responsibility. In France, the amendment of the Criminal Code in 1992 established clear corporate liability distinct from individual liability, with higher penalty rates for corporations, thereby encouraging adherence to legal standards and preventing repeated offenses. In the Kingdom of Thailand, although the Criminal Code does not directly address corporate liability, specific laws impose penalties, primarily in the form of fines. This approach, however, lacks the robust legal mechanisms for enforcement seen in other countries. Expanding the scope of corporate penalties could improve the effectiveness of controlling and deterring inappropriate corporate conduct.