Detention: A Study of the Legal Drafting Process and Obstacles to Enforcement

Abstract

Detention was introduced as a new penalty when Thailand announced the enactment of Penal Code B.E. 2499 with the aim to avoid of unnecessary imprisonment for offenders of minor offences, which was considered a modern concept at that time. However, from the study, it was found that even though the penalty of detention was a new penalty in the Penal Code, the penalty of detention was not studied under scrutiny or enforced as much as other types of penalties at present. Furthermore, since the Cabinet resolved to consider the amendment of the Penal Code B.E. 2481 until the Penal Code came into effect on January 1, B.E. 2500, it took Thailand almost 20 years to draft this law. If we study the development throughout the period of drafting the Penal Code, we will find that the penalty of detention did not exist since the drafting of the Penal Code in the early stages. It was in fact a concept that was introduced at the latter period of drafting. Before the current penalty of detention had come into effect, it had been amended at each level of considerations. By studying the reasons discussed at each level will provide a better understanding of the true intention of the provisions and is worth studying in order to improve its efficiency in future implementation.