Challenges in the Implementation of the Act on Measures for Supervising and Arresting Persons in Breach of Provisional Release, B.E. 2560 (2017)

Abstract

This academic article aims to examine problems in the enforcement of the Act on Measures for the Supervision and Tracking of Persons Who Abscond after Being Granted Temporary Release by the Court B.E. 2560 (2017). The study analyzes relevant laws and regulations in order to improve practical implementation in accordance with the legislative intent of the Act.

The findings reveal that the enforcement of the Regulation of the Judicial Administration Commission on the Qualifications, Prohibitions, Appointment, and Duties of Supervisors of Temporarily Released Persons; the Payment of Remuneration and Expenses to Supervisors of Temporarily Released Persons; Transportation Allowances for Indigent Temporarily Released Persons; Informant Rewards; and Rewards for Officials Arresting Temporarily Released Persons Who Abscond, B.E. 2561 (2018), as amended, gives rise to several problems: (1) delays in submitting applications for remuneration by eligible claimants; (2) cases in which defendants commit multiple distinct offenses or are subject to arrest warrants issued by more than one court; and (3) inconsistencies in judicial discretion regarding the determination of reward amounts for arresting officials.

The recommendations are as follows: (1) the Courts of Justice should provide training on relevant knowledge and practical guidelines; (2) Section 8 of the Act on Measures for the Supervision and Tracking of Persons Who Abscond after Being Granted Temporary Release by the Court B.E. 2560 (2017) should be supplemented to address cases involving multiple offenses or arrest warrants issued by more than one court; and (3) the Regulation of the Judicial Administration Commission B.E. 2561 (2018), as amended, particularly Clauses 20 and 21 concerning the determination of minimum rates for informant rewards and rewards for arresting officials, should be revised.