UTILIZING ADMINISTRATIVE MEASURES TO ENFORCE ALCOHOLIC BEVERAGE CONTROL ACT, B.E. 2551 (2008)

Abstract

Abstract

This research aims to study the concepts, theories, and legal principles concerning criminal offenses, criminal penalties, administrative measures, administrative orders, and administrative penalties, as well as to examine Thai and international alcohol control laws. The analysis will then examine approaches to applying administrative measures to the Alcohol Control Act B.E. 2551 (2008) and its amendments. This is a documentary research aimed at analyzing, synthesizing, and making recommendations for improving alcohol control laws.
The study found that the countries studied prioritize the use of administrative measures over criminal measures, such as ordering corrections or suspensions, and imposing administrative fines. Regarding criminal offenses and penalties, administrative measures, orders, penalties, and procedures all aim to ensure the lawful, fair, proportionate, and justified exercise of state power, allowing those affected to contest or appeal. Therefore, the researcher proposes amending the Alcohol Control Act B.E. 2551 (2008) to categorize offenses based on the severity of the act. Criminal penalties should be retained for offenses that directly endanger children, youth, public safety, or society as a whole. Technical offenses or those that can be rectified, such as those related to labeling, packaging, sales locations, times and methods of sale, consumption locations, and advertising, should be addressed through administrative measures or administrative penalties instead. This includes clearly defining the process for issuing written orders and the right to appeal or challenge those orders. The aim is to ensure that the enforcement of alcohol control laws is effective, fair, proportionate, reduces the burden on the criminal justice system, and better protects the rights of the public.