Criminal Liability of Legal Person A Study of Crimes Against Humanity by Comparative Law Specifically Related to Thailand.

Abstract

In Thailand, there have been cases of crimes against humanity in which legal persons were involved. These included slavery, as well as human trafficking. However, Thai legal system doesn’t have any provision which impose criminal liability of legal person for the crimes against humanity offense. Therefore, there is legal problem that if criminal policy of Thailand imposes criminal liability of legal person for crimes against humanity offense, which legal principle or doctrine can be used in considering. Furthermore, legal person is artificial person, not human like natural person. Legal person is very different from natural person thus penalty for legal person must be different from natural person; however, in Thai legal system, fine is the only one penalty that can be used to enforce legal person. According to this research it has been found that state may resolve the problems by imposing the provision of general principle of criminal liability of legal person, criminalizing of crimes against humanity and criminal penalty which is specially imposed for legal person.