The Implementation of Deferred Prosecution Agreements in the Thai Legal System: Challenges and Prospects

Abstract

Deferred Prosecution Agreements (DPAs) have emerged as a crucial legal instrument in the fight against corporate crime across a number of advanced legal jurisdictions. This article presents a comprehensive analysis of both the legal foundations and practical applications of DPAs, with a particular focus on their potential integration into the Thai legal system. Through a comparative study of the DPA frameworks in the United States and the United Kingdom—each of which embodies distinct institutional models supported by robust legal infrastructures—this article highlights valuable lessons for Thailand. The study assesses the extent to which Thailand’s existing legal structure could accommodate a DPA regime tailored to its unique procedural and institutional conditions. It begins by examining the current framework governing corporate criminal liability in Thailand, identifying key limitations such as the lack of prosecutorial discretion, procedural constraints in criminal investigations, challenges in judicial sentencing, and enforcement inefficiencies, particularly in cases involving bribery and corruption. Drawing from international case studies and legal best practices, the article proposes a structured DPA model for Thailand. The proposed framework seeks to align with the country’s civil law tradition while embedding safeguards such as judicial oversight, institutional transparency, and enforceable compliance mechanisms to ensure both legal integrity and practical effectiveness