Legal Issues Related to Probationers’ Social and Public Services Pursuant to Section 56, Paragraph Two (1) of the Penal Code of Thailand

Abstract

This research aims to study the legal issues related to probationers’ social and public services pursuant to Section 56, Paragraph Two (1) of the Penal Code: Terms and conditions of Probation of Offenders. The law requires that the probation officer acting in his/her capacity as the administrative officer shall has his/her discretion to, set forth any terms and conditions as well as the number of the hours for social and public services served by the probationers. These conditions are not rely on classification of offenses or allowing the injured parties and the public to take part in the correction, treatment, remedy and rehabilitation of the offenders. As a result, many issues arise when the offenders has served their terms and resumed their social life: They fail to fit into the society. Therefore, the probation fails to meet the intentions of correction, treatment, remedy and rehabilitation of the offenders as provided by the law. Based on the study, the Department of Probation should revise the regulations on probation in such way that the nature of probation shall be based on the types of offenses and motives of the offenders and that the injured parties and the public should be allowed to take part in the correction, treatment, remedy and rehabilitation of the offenders to ensure that such probation shall meet the intentions of the intentions of the injured parties and the public. The objectives of probation shall be concrete and achievable in practice. The Offenders Rehabilitation Commission comprising Department of Probation approved educational institute director, psychologist, doctor, social worker and community leader shall be formed to set forth, in addition to the general regulations, the terms and conditions as well as guidelines on the probation, covering the number of hours for social and public services by the probationers.