Criminal Liability Presumption for Corporate Representative

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Pawinee Praithong

Abstract

The Thai Constitutional Court had delivered the decision that the criminal liability presumption for corporate representative is unconstitutional due to its inconsistency against the principle of presumption of innocent in a criminal proceeding. Nevertheless, some countries are still applying such presumption of criminal guilt in the trial court. In addition, from the substantive law perspective, the previous wordings of the law before the revocation of the provision on presumption of criminal liability of a representative of a juristic person in Thailand was defective in the prescription of the wording, which was not in accordance with criminal offence structure regarding “action”. This should have been the only reason of its unconstitutionality, not its contradiction with the international principle of presumption of innocent. Therefore, this research studied that the criminal liability presumption for corporate representative is applicable lawfully and could be the benefit of criminal proceeding if such prescription is in accordance with the elements of crime under substantive law and the international principle on presumption of criminal liability.

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How to Cite
Praithong, Pawinee. “Criminal Liability Presumption for Corporate Representative”. Naresuan University Law Journal 11, no. 1 (June 16, 2018): 207-226. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/111060.
Section
Research Articles

References

Ammart Netyasubha. “Strict Liability of Minor Offence under Criminal Code.” Bot Bundit Journal 62, no.2 (June 1996): 117-139. [In Thai]

Khemchai Chutiwongse. “The Legitimacy of Invoking Criminal Presumption.” Attorney Journal. 12, no.133 (March 1989): 16-33. [In Thai]

Natthavasah Chutpaitoon. “Limitation on presumption regarding criminal liability of corporate representative.” Master’s thesis, Faculty of Law, Chulalongkorn University, 1993. [In Thai]

Pawinee Praithong. “Problems of Rebuttable Presumption in Narcotics Act B.E. 2522 (A.D.1979).” Master’s thesis, Faculty of Law, Chulalongkorn University, 2009. [In Thai]

Phimprapa Watcharajitkul. Legal drafting of criminal liability of corporate representative to avoid unconstitutionality. N.p.: n.p., n.d. [In Thai]

Roscoe, Pound. Jurisprudence. New Jersey: The Law book Exchange, 1959.Surasak Likasitwatanakul. “Criminal Liability of Juristic Person: Comparing Relevant Thai Law to Others.” Master’s thesis, Faculty of Law, Thammasart University, 1983. [In Thai]

Udom Ratammarit. Evidence Law. 5th ed. Bangkok: October Publishing, 2017.[In Thai]
Vongsiri Srirat. Criminal liability of Legal Persons Representative. Bangkok: Thammasat University, 1993. [In Thai]

Vongsiri Srirat. Criminal liability of Legal Persons Representative. Bangkok: Thammasat University, 1993. [In Thai]