CRIMINAL LIABILITY OF INDIVIDUALS INVOLVED WITH OFFENDERS IN DRUNK DRIVING OFFENSES

Abstract

This research on the criminal liability of persons involved with offenders in drunk driving offenses aims to reduce drunk driving incidents. However, the focus is primarily on punitive measures for those involved who neglect to take actions to prevent or discourage the offense. In Thai society, there is a lack of a strong Don’t Drink and Drive culture, which can be regarded as a lack of collective responsibility. This is evident as individuals in positions of authority often disregard basic principles, such as Don’t Drink and Drive. Therefore, in order to effectively reduce the number of drunk driving cases, the enforcement of the law must be extended to those who are involved in the offense. This would create both a preventive and deterrent mechanism, as those involved would fear potential legal prosecution. It is noteworthy that individuals who are present in the vehicle but are not the drivers are rarely held criminally liable. If such individuals had not encouraged the driver to drink, or had intervened to prevent drunk driving, the damage might have been preventable. This study focuses on individuals who are in a position to help society but choose to do nothing to prevent drunk driving, showing a lack of concern for the serious risks it poses to the broader society. The aim is to enhance the protection of the general public and ensure greater safety in society. Furthermore, individuals who are found criminally liable may also be subject to civil liability for their wrongful acts. This aims to expand the debtor’s assets that are subject to enforcement, ensuring compensation for those who have suffered harm as a result of drunk driving. Otherwise, even a court judgment ordering the drunk driver to compensate the victim would be rendered ineffective if the driver lacks sufficient assets. In such cases, the creditor becomes merely a judgment creditor, unable to receive any assets for debt repayment.

Keywords: Drunk Driving, Accomplice Liability, Legal Responsibility