LEGAL ISSUES CONCERNING THE ACT ON THE PREVENTIVE MEASURES AGAINST RECIDIVISM IN SEXUAL OR VIOLENT OFFENCES ACT B.E. 2565 (2022)

Abstract

The main purposes of this research are to study and analyze the legal issues concerning the Preventive Measures Against Recidivism in Sexual or Violent Offences Act B.E. 2565 (2022). Specifically, the research focuses on custodial measures for absolute prisoners after the discharge of their sentence, emergency detention measures, the provisions of offences, and monitoring measures for absolute prisoners. A qualitative research method was employed, utilizing documentary research and comparative studies with the Republic of Singapore and the State of Victoria, Commonwealth of Australia. The research findings indicated that custodial measures for absolute prisoners after the discharge of their sentence and emergency detention measures did not violate human rights. However, the offences stipulated under Section 3 of the Preventive Measures Against Recidivism in Sexual or Violent Offences Act B.E. 2565 (2022) were not comprehensive. Furthermore, under Section 22 of the Act, there were only 13 monitoring measures for absolute prisoners, and no discretion could be exercised beyond these. It was recommended that the Act be expanded to apply to other offences beyond those stated in Section 3. Additionally, monitoring measures for absolute prisoners under Section 22 should allow for the exercise of discretion in other cases.