Problems of punishment for repeated offenders according to the Criminal Code

Abstract

       Here is the English translation of the thesis objectives This thesis aims to 1. Study principles, concepts, and theories related to increased penalties for repeat offenders. 2. Examine penalty rates in Thailand and Japan, where penalties are more severe than in Thailand, and study Thailand's 5-year time limit for increased penalties for repeat offenders (counted from the date of release from imprisonment) compared to California, United States, which has no time limit for repeat offenses. 3. Study and analyze Thailand's penalty rates compared to Japan, and analyze Thailand's timeframe for increased penalties for repeat offenders compared to California, United States, which has no time limit for repeat offenses. 4. Propose guidelines for adjusting penalty rates for repeat offenders in Thailand and extending the timeframe for increased penalties for repeat offenders in Thailand.​​​​​​​​​​​​​​​​

        From the study, it was found that the problems of specifying of the period of repeated offence according to the Criminal Code, Section 92, person who has committed offence once, would return to commit offence within a period of 5 years, the punishment for repeated offence, will be increased, but if the offence has been committed for more that five years, there is no criteria to punish the repeated offences. If there is comparing with State of California of the United States of America, there is no specifying of the period and specifying the increasing of punishment to offenders under the Criminal Code, Section 92, specifying to increase punishment, to repeated offenders for one-third of the punishment that the court determines for the latest guilt. The increasing of punishment to repeated offender for one-third. If it is compared with Japan, there is determination to increase the punishment to repeated offenders for two times of the number of the offence, it makes offenders to fear and be afraid to the punishment. In case the repeated offender is punished according to the judgment of the court and enters into prison again, the repeated offender will be classified, according to the Ministerial Regulation regarding the determination of the benefits of absolute prisoners who have had their imprisonment reduced or their punishment deducted and the prisoners have been released, they shall follow according to Clause 3(2),(3),(4) will be promoted in the hierarchy, according to Clause 2, including (1) Excellent level (2) Very good level (3) Good level (4) Intermediate level (5) Level that needs to be improved (6) Level that greatly needs to be improved. In each level under Clause 2, the prisoner’s punishment days will reduce according to the promotion hierarchy of repeated offenders, were punished according to the court judgment. The offenders who are admitted to prison again are considered for promotion according to the same criteria as the prisoners who commit the first time offence.  

         In this thesis, the researcher has recommendation as follows: under the Criminal Code, Section 92 it is specified that “Any person who is sentenced by final judgment to imprisonment, if any offense is committed again while punishment is still obtained; within five years from the day of release from prison; if the court judges for punishment in the latest time to imprisonment, the penalty shall be increased to one-third of the penalty prescribed by the court for the latest time offence.” There is amendment under the Criminal Code, Section 92, it is specified that “Any person who is punished by final judgment to imprisonment, if any offense is committed again while punishment is still received within ten years from the day of release from prison; if the court judges for punishment in the latest time to imprisonment, the penalty shall be increased to two times of the penalty prescribed by the court for the latest time offence.” Furthermore, in this thesis, the researcher has recommendation to amend the Ministerial Regulation regarding determining of the benefit of absolute prisoners who have had their days of imprisonment reduced, or their sentence suspended and have been released, they shall follow. According to Clause 3, “Absolute prisoner newly entering to prison shall be classified in intermediate level, except in case (3), in case there is appearance of the fact that the absolute prisoners who were previously sentenced to prison and have been released from prison, returning to commit another offence within five years from the date of release from the previous prison term; both offences were not offences committed by negligence, or petty offence; the offences shall be classified as “they need to be improved.” There should be amendment of Ministerial Regulation regarding determining of the benefit of absolute prisoners who have had their days of imprisonment reduced, or their sentence suspended and have been released, they shall follow. According to Clause 3 “Absolute prisoner newly entering to prison shall be classified in “intermediate level”, except in case (3), in case there is appearance of the fact that the absolute prisoners who were previously sentenced to prison and have been released from prison returning to commit another offence within ten years from the date of release from the previous prison term; both offences were not offences committed by negligence, or petty offence; the offence shall be classified as “they need to be improved”, amended by Ministerial Regulation regarding determining the benefit of absolute prisoners who have had their days of imprisonment reduced, or their sentence suspended and have been released, they shall follow. According to Clause 2 “Classifying of absolute prisoners is as follows: (1) Excellent level (2) Very good level (3) Good level (4) Intermediate level (5) Level that needs to be improved (6) Level that greatly needs to be improved”. Second paragraph, absolute prisoner according to Ministerial Regulation regarding determining the benefit of absolute prisoners and conditions that absolute prisoners who have had their days of imprisonment reduced, or their sentence suspended and have been released must follow, year 2019, Chapter 1: General Chapter, Clause 3 (2), (3), (4), the persons shall be considered for promotion to the highest level, up to “very good level”.