Decriminalization and Declassification of Petty Offences Research Project: a Case Study of the Provisions that do not meet the elements of the Structure of Crime

Abstract

Abstract

          Petty offence is an offence that represents the idea of implementing criminal laws in order to protect order and preserve community safety. Furthermore, petty offence has been acknowledged as a method for crime prevention and suppression. Therefore, it is expressly stated in the Thai Penal Code and subject to criminal punishments that the petty offences shall be punished with imprisonment for no more than one month or fined for no more than ten thousand Baht or both.                         In consideration of the nature of the provisions applicable to petty offences under sections 367 to 398, it was observed that the provisions of some petty offences necessitate the intention to commit crimes as an internal element of the crime whereas others do not. This is distinguishable from the general offences where intent is essential in determining the constitution of criminal offences.  Subsequently, there is particularly striking analysis of first, the principles of criminalization, the second,         the structure of crime, the third, the principles for determining criminal punishment under both Thai law and laws of nations with civil law systems and last but not least, the concept of decriminalization. Thereafter,          the preceding analysis was combined with the intendment of section 77 paragraph 3 of the Kingdom of Thailand Constitution B .E. 2560 prescribing the principles for determining criminal punishment which states that the criminal punishments should be limited only to cases of serious offenses.  To this extent, the results of this study indicated and reflected that the direction of the enactment of laws has changed from the previous direction.  As a result, the criminal punishment prescribed for each criminal offense shall be revised. On the contrary, decriminalization is becoming more feasible. According to the findings of this study, the provisions applicable to petty offences prescribed under the Thai Penal Code shall be reviewed and amended in furtherance of establishing a clear, systematic approach to the classification of petty offences that is consistent with academic principles of criminal law and the current social situation.

The findings of research studies enable us to comprehend the concept of criminalization and obtain guidelines for categorizing the 32 provisions applicable to petty offenses, both for the part that should be determined as criminal offences and the part that should not be determined as criminal offences.  The study proposes integrating the concepts of the Federal Republic of Germany and the Republic of France as well as reclassifying the offences that exhibit the characteristics and rationale of true crimes and are consistent with the structure of crime as provisions under the Thai Penal Code, Book 2, Specific Offenses.                   In addition, the study also proposes bringing offences that do not have a criminal nature, are not deemed harmful or contrary to the morality of the civilizations, to be stipulated in other laws that do not have criminal punishment in order to have a clear framework of criminalization that shall obscure a guarantee citizens' rights and liberties, as well as to ensure fairness and equity amongst individuals.