Huachiew Chalermprakiet Law Journal

Guidelines for enforcing laws regarding sexual harassment

2023-07-24T18:11:38+07:00

Sexual harassment is increasing in Thai society and many other countries, affecting daily life and work responsibilities. It takes various forms, including visual harassment, verbal harassment, physical harassment through touching, and online harassment. There are multiple versions of laws aimed at addressing such offenses, but enforcing these laws is challenging due to insufficient evidence to convince the court of the offender's guilt. This stems from the limitations faced by the victims in accessing the justice process. There is also a lack of preparedness among personnel involved in the investigation, and foreign labor groups face obstacles in accessing language assistance. Cases of sexual harassment that do not reach the level of rape or coercion are often considered minor, and the punishment does not serve as a deterrent. It is necessary to further amend the laws to have appropriate penalties for such offenses. However, if the laws are not amended, it is important to consider sentencing according to the existing applicable laws, such as imposing imprisonment without waiting for criminal sentences or considering both imprisonment and fines. This is to compensate the victims and create a sense of fear and deterrence, so that individuals are less likely to commit such offenses again. This can be another way to address the issue of sexual harassment.

T้he binding effect of constitutional court decisions on listening to facts in criminal cases of public prosecutor

2023-09-21T08:30:00+07:00

Constitutional Court decisions bind parties involved in particular cases and extend a binding effect to different state bodies, including the public prosecution organization. This raises the question to what extent public prosecutors are obligated by Constitutional Court decisions when proceeding with criminal cases. Or if a constitutional case involves factual issues related to criminal cases, and the Constitutional Court has rendered decisions, to what extent are prosecutors bound by them? This article examines implications of Constitutional Court decisions on listening to facts in criminal cases of the public prosecutor, by studying principles, court judgments, and other relevant documents in Thailand, and comparing them with practices in the United States of America (US), Germany, and France. The goal is to formulate recommendations for prosecutorial conduct.

Studying prosecutorial practice in the US, Germany, and France indicated that Supreme Court judgments, Federal Constitutional Court decisions, and Constitutional Council decisions in factual issues are indecisively binding on prosecutors. Prosecutors might consider different facts in criminal cases compared to constitutional cases, if different pieces of evidence or witnesses exist. In addition, prosecutors in the aforementioned countries have clear guidelines aimed at truth seeking in cases.

Therefore, the public prosecution organization should clarify related regulations to boost protection of civil liberties.

Development of Policy and Measure to Use Cannabis for Recreation in Thailand

2023-11-06T13:44:22+07:00

The objective of research is to present the guideline for the recreational cannabis use in Thailand under legal framework. According to the removal cannabis from the list of Narcotic drugs in Category 5 of new Narcotics Code, promulgated by Health Minister and the approval of Thailand’s Narcotics Control Board, paves the way to be allowed using non-narcotic cannabis components legally. In addition, cannabis is a medicinal plant that can be used for a variety of purposes such as fiber, oil and seed for consumption, therapy and relaxation, it is result in the widespread use of cannabis and cultivation. However, the obligations of the Single Convention on Narcotics of 1961, signed by Thai Government becomes the main problem toward the recreational use of cannabis.

This study aims to review the concepts on Narcotics especially legal utilization of recreational cannabis use, the principle of international Narcotics laws and the foreign laws which allow the recreational cannabis use such as The Netherlands, Australian Capital Territory, and Indonesia. The results of the study are drawn into the analysis and the suggestions the proper way to measure the recreational cannabis use in Thailand.

Guidelines for organizing social welfare for the elderly in the border regions, Mae la sub-district, Tha Song Yang district, Tak province

2024-01-12T13:14:52+07:00

A study of guidelines for providing social welfare for the elderly in marginal areas, Mae La Subdistrict, Tha Song Yang District, Tak Province. The objective is to study access to welfare for the elderly and guidelines for providing welfare for the elderly in marginal areas, Mae La Subdistrict, Tha Song Yang District, Tak Province, is qualitative research using in-depth interviews. The results of the study found that 1) Access to the welfare of the elderly in Mae La Subdistrict, Tha Song Yang District, Tak Province, 50 percent of the elderly had access to various welfare benefits such as elderly living allowances, health promotion services, participation in various activities of regional agencies. government, but some elderly people do not have access to welfare in the following areas: (1) traveling for the elderly because it is a marginal and remote area, therefore causing problems in accessing welfare (2) characteristics of the elderly Related to the attitude of the elderly, not going out into society, some people having health conditions Have a congenital disease that prevents them from accessing government social services. (3) Government agencies and social welfare officials for caring for the elderly are insufficient. (4) The budget allocated by the government is insufficient to provide welfare. 2) Guidelines for providing welfare for the elderly in marginal areas, Mae La Subdistrict, Tha Song Yang District, Tak Province, can be summarized as follows: (1) Promoting the elderly individually, accepting them, appreciating them and promoting their potential, supporting them in health, housing and the environment, organizing social activity programs, creating opportunities for the elderly to have opportunities, to participate in social activities, develop a quality care service system, support work, provide psychological services. 2) Management of the Mae La Subdistrict Administrative Organization, personnel must know and understand the nature of the elderly, allowing volunteers to take care of the elderly, and operational processes. There should be work planning, operations consistent with the workload, continuous supervision, and monitoring, budget allocation from the government is insufficient, funding should be provided, external donations and difficult travel should be provided. Budget for transportation for the elderly or facilitation of travel. or there is a budget allocation from organizations within the private sector for support, etc.

A Creation of Comprehensive Factual Information Sheet to Prove the Right in Thai Nationality: A Case Study of Stateless Persons in Saiyok District, Kanchanaburi Province

2024-01-29T14:16:22+07:00

The objective of research is to present the guideline for the recreational cannabis use in Thailand under legal framework. According to the removal cannabis from the list of Narcotic drugs in Category 5 of new Narcotics Code, promulgated by the Ministry of Public Health and the approval of Thailand’s Narcotics Control Board, paves the way to be allowed using non-narcotic cannabis components legally. In addition, cannabis is a medicinal plant that can be used for a variety of purposes such as fiber, oil and seed for consumption, therapy and relaxation, it is result in the widespread use of cannabis and cultivation. However, the obligations of the Single Convention on Narcotics of 1961, signed by Thai Government becomes the main problem toward the recreational use of cannabis.

This research aims to review the concepts on Narcotics especially legal utilization of recreational cannabis use, the principle of international Narcotics laws and the foreign laws which allow the recreational cannabis use such as The Netherlands, Australian Capital Territory, and Indonesia. The results of the study are drawn into the analysis and the suggestions the proper way to measure the recreational cannabis use in Thailand such as cannabis plants at premises within a residence or household should determine the appropriate amount of cultivation, the registration of cannabis growing should be legally enforceable to control the amount of cannabis cultivation, the determination of penalties in the Bill of Cannabis and Hemp Act B.E. ... regarding the possession of cannabis after the expiration of the registration or license expiration, as well as the sale of cannabis must be sold by a person who has received a license, permission of possession limits for cannabis, and the minimum purchase quantity of cannabis should be limited via the requiring registration of cannabis users through the Ministry of Public Health's application or website.

Legal Measures Concerning Technology Transfer for Industrial Development

2024-07-19T15:05:21+07:00

Thailand adopts economic liberalization in hopes of receiving technology through foreign investment and technology transactions. Nevertheless, Thai personnel do not sufficiently benefit from technology transfer, comparing to the benefits that foreigners reap from Thailand’s resources. Furthermore, Thailand still lacks a concrete regulatory framework for technology transfer.

China, Japan and Vietnam are under binding commitments as World Trade Organization’s members, but these three countries can set clear regulatory frameworks for technology transfer. Since China and Japan put the antimonopoly rules in the field of intellectual property into effect, which prevent the abuse of intellectual property rights, and lead to the balance of intellectual property protection and fair technology transfer. While Vietnam collects and systematically organizes the regulations concerning technology transfer into a single law.

The researcher proposes that the antimonopoly rules in the field of intellectual property and regulations concerning technology transfer should be codified into a model law, in a manner consistent with World Trade Organization’s regulations. This clear regulatory framework will eventually result in the fair transfer of technology and industrial development.

Motivations to become a professional footballer

2023-10-09T14:27:57+07:00

Motivation is a process in which a person is stimulated by a stimulus to act or strive to achieve a certain purpose. Whilst several aspire to become professional football players, several youth experience and devote themselves on a journey to become a professional footballer, however, studies suggest that only 180 of the 1.5 million young people across England are able to annually succeed and embark on a career as a professional footballer. The ability for a well-trained youth to prosper in an English Premier League club is only 0.012 percent, which reflects the problems and obstacles of progressing from being an academy footballer to a full-fledged professional footballer. In the context of Thailand, the Professional Sports Promotion Act of 2013 states that professional sports, are sporting disciplines that have organized, systematic competitions according to international standards and provide financial rewards in the form of renumeration or contractual salaries for its athletes. Based on this research, there are two main types of motivation, including physical and social motivation. Furthermore, these types of motivation for athletes can be categorized into internal motivation or external motivation. In addition, it can be seen that motivation and goals in life—achievement motivation—are important factors in learning because achievement motivation is the motivation that makes a person determined to strive to succeed. These motivations and goals are the basis that sport psychology scholars have used as a basic theory for understanding and studying the factors that affect the success of athletes during their emergence as football players. The results from this research suggest together with the motivation to succeed, mental strength is of equal importance. As the study reveals, it is the ability for the athlete to control him/herself, adapt to social situations, ability to solve problems, and most importantly, mental strength helps athletes to control pressure, motivates athletes to push beyond their own physical limits, and helps athletes understand the role of compassion, caring for others and respecting the individual rights of others.

Offence of Theft The Case Study Of theft of medical products

2024-07-04T09:19:28+07:00

The Criminal Code, for the crime of theft has provided for several cases of aggravating circumstances such as those specified as crimes under section 335, theft of religious objects section 335 bis and other crimes section 336 bis. At present, there are many types of property some of which It is a high value asset. It is also property that can be used to treat sickness, disease or human condition, that is "medical products". If such property is stolen, it will not only affect personal safety but also affect society and the nation.

This article examines the provisions for theft offenses related to medical products. It will conduct a comparative study with the provisions of United States law that specifically defines the offense of theft of medical products. The penalty is higher than general theft. To apply guidelines to suit crimes committed in Thai society.

Therefore, the Criminal Code should be amended to include specific provisions regarding theft of medical products.