Criminal Liability of Legal Person: A Study of Appropriate Punishment Measures in Case of Bribery

Abstract

This article aims to study and analyze the problem of the scope of liability for bribery in case of being committed by a juristic person according to the laws of Thailand and to suggest solutions to improve the Thailand Penal Code by setting specific liability and penalties of a juristic person committing bribery for the most appropriateness and effectiveness.
This research is documentary research. Studying and collecting data from documents, academic textbooks, journals, theses, various research papers, and legal texts in Thai and English.To bring multiple information to analyze for further conclusions and recommendations The study's results found that: when a juristic person commits an offense, he cannot receive a criminal penalty as a natural person. And at present, the tendency of bribes to officials increases more than bribery for the benefit of natural persons. By nature, bribery by a juristic entity should have provisions of the law that are stipulated to be clear about the penalty and nature of the offense following the heart of the juristic person and the damage incurred. Therefore, the recommendation is the criminal code of Thailand should be amended. By designating the bribery of a juristic person to a government official as a specific criminal offense. By amending the provisions of the Penal Code Sections 144 and 167 on bribery, which is done by a legal entity separate from an individual. Should specify the penalty rate of the juristic person, in particular, to be in the form of penalties with a unique character that is different from the actions and punishments of natural persons. Provide a form of punishment consistent with the nature of the offense of a particular juristic person. A fine is, in essence, sufficient and effective in controlling the crimes of juristic persons.