CRIMINALIZATION : A STUDY OF PUBLIC EXAMINATION FRAUD

Abstract

The public examination fraud committed by examinee and third-party engaging in examination fraud occasionally occur in Thailand. The legal measures currently enforced are not comprehensive and affordable to punish fraudsters. Therefore, it is necessary to study causes, impacts and forms of public examination frauds in order to analyze suitability to criminalize public examination fraud. This study focuses on limits of criminal sanction and the appropriate approach of criminalization and criminal penalty for such fraud in other legal systems such as Canada, People's Republic of China and France.

The finding was that it was suitable and necessary to make public examination fraud committed by examinee and third-party a criminal offense. Public examination fraud is a disgraceful act and an act against public order and good morals. It can be concluded that criminalization of public examination fraud because lesser harm than perpetual public examination fraud and the study suggested that criminal sanction was a last resort to prevent such act.