Contemporary Crime and Punishment in 20

Lesley D. Junlakan, Yossawan Boriboonthana, and Assanee Sangkhanate

penal policy and practice, with special attention 20.1 Introduction being paid to the drug issue, including related legislation and the distinction that is now made Thailand is unique amongst its Southeast Asian between drug users as opposed to drug produc- neighbors in never having been colonized and in ers/traf fi ckers. It is also demonstrated how the remaining to this day a constitutional monarchy. A hard line approach to the latter has affected the fl edgling democracy prone to political instability caseload of core criminal justice agencies, in par- and with a long tradition of resorting to coup d’état ticular the Department of Corrections and the to resolve political stalemate or tension, over the Department of Probation. past several decades the nation has witnessed enor- In drawing attention to and being objectively mous social and economic change. All these and critical of several aspects of the Thai criminal jus- other factors have contributed to the character of tice system, including the weaknesses in databases the country’s criminal justice system as it is today, and the policy/practice dichotomy referred to above, including the existence of the right of prisoners the authors hope to make a small contribution to to claim and bene fi t from royal pardons and instilling awareness of the constant need for fl u c t u a t i o n s i n successive governments’ penal policy. improvements in the system in order to slowly bring Working within the acknowledged limitations it on a par with international norms and standards. imposed by fl aws in the recording and maintaining of statistics in Thailand, the chapter aims to high- light the country’s current crime trends, punitive 20.2 Current Crime Situation measures, and criminal justice reform A particular focus is on the links—or discrepancies—between The primary objectives of this section are to dem- onstrate the type s of crime which Thailand has faced in recent years through the workload data L. D. Junlakan Consultant, Chiang Mai, Thailand of relevant criminal justice system agencies. This e-mail: [email protected] sets the foundation for later discussion of the Y. Boriboonthana, Ph.D. reform of Thailand’s criminal policy and the Department of Probation , Research and Development criminal justice system. At the outset it has to be Center, Ministry of Justice , , Thailand stated that a holistic approach has not yet been e-mail: [email protected] applied to the management of crime-related data A. Sangkhanate, Ph.D. (*) in Thailand. Therefore, currently the best Justice Research and Development Institute, approach that can be taken is to rely on individual Of fi ce of Justice Affairs, Ministry of Justice , Bangkok , Thailand agencies’ data. As the authors are well aware that e-mail: [email protected] dealing with secondary data might have a negative

J. Liu et al. (eds.), Handbook of Asian Criminology, DOI 10.1007/978-1-4614-5218-8_20, 309 © Springer Science+Business Media New York 2013 310 L.D. Junlakan et al.

661,387 657,564 700,000

600,000 487,535 473,642 500,000

400,000 446,392

300,000

200,000

100,000

0 2006 2007 2008 2009 2010

Fig. 20.1 Number of crimes reported to the police, 2006–2010. Source: Of fi ce of Justice Affairs (2011)

impact on the validity and reliability of this paper, Table 20.1 Violent crimes reported to the police in 2010 a triangulation approach was used during the Offense Number of reported cases analysis in order to maintain a balance between Murder 3,658 data from different sources: namely, police Attempted murder 4,976 records, prosecutors’ caseloads, and the judicia- Manslaughter 265 ry’s statistics. Assault 16,805 Although Thailand does not have a “ uniform Rape 4,468 crime report ” 1 as such issued by law enforcement Robbery 1,691 agencies, the statistics presented by the Royal Source: Of fi ce of Justice Affairs (2011) Thai Police can provide general data on crimes reported to the authority. Generally speaking, since 2006 the number of crimes reported to the latest fi gures show another slight decline to police has gradually climbed (Fig. 20.1 ). In detail, 657,584 in 2010. Thus, the annual average 473,672 cases were received by the police in number of crime reports over this 5-year period 2006, with the number slightly decreasing to is 545,304. It is worth noting that these statistics 446,392 in 2007 before steadily rising to 487,535 do not include cases which victims decided not to and 661,387 in 2008 and 2009, respectively. The report to police. (This issue is discussed further authors believe that the pronounced increase below.) between 2008 and 2009 stems from the reintro- The most commonly reported violent crime is duction of the “get tough” on drugs policy, initi- assault, followed by attempted murder and rape ated originally in 2002 (see also below). The (Table 20.1 ). A fairly recent de fi nition change in violent crime involves rape: in 2007, the Thai Criminal Code was amended to expand the de fi nition to cover all types of rape, including 1 The Uniform Crime Report (UCR) has been under the marital rape; rape by/of either sex; and all types supervision of the Federal Bureau of Investigation since of sexual penetration. 1930. The report aims to produce reliable and uniform crime statistics from law enforcement agencies across the I n a d d i t i o n , F i g . 20.2 i n d i c a t e s the top fi ve USA. See http://www.fbi.gov/about-us/cjis/ucr/ucr . major offenses resulting in arrests between 20 Contemporary Crime and Punishment in Thailand 311

270,000 252,183

240,000 221,270 192,762 210,000

180,000

129,521 150,000

120,000 110,904

83,414 90,000 83,001 78,169 71,272 65,714 60,000 40,061 44,106 32,178 36,827 30,088 28,691 30,578 30,619 26,338 30,000 25,886 20,156 20,970 23,352 25,602 22,286 0 2006 2007 2008 2009 2010

Drugs Prostitution Weapon Property

Fig. 20.2 Crimes reported to the police and resulting in arrests, 2006–2010. Source: Of fi ce of Justice Affairs (2011)

2006 and 2010. The numbers show that arrests also signi fi cant factors which led to this sharp on drug-related offenses rose sharply over the rise.2 Evidence shows that considerable resources period while the numbers of other orthodox have been allocated to ensure the success of such offenses, except property crime, decreased. policies (Chokprajakchat et al. 2010 ) . Relevant Arrests in property crimes slightly increased in law enforcement agencies, in particular the Royal 2010. This was consistent with the recent victim Thai Police and the Of fi ce of the Narcotics survey which revealed that the majority of the Control Board, have been urged to play a more respondents were victims of property crime (see proactive role in combating the supply of drugs the discussion on “dark fi gure” below). When whilst simultaneously reducing the demand. The speci fi cally looking at the 2010 statistics, the present government of Yingluck Shinawatra has number of drug arrests was as high as 252,183 even made the drug problem a “national agenda ,” cases, increasing from 2006 by almost 130%. However, it would be wrong to assume that the increase in arrests on drug-related offenses 2 The Nacotic Addict Rehabilitation Act in a way “decrim- was solely due to an increase in the abuse of tra- inalized” the act of drug abuses and treated drug users as ditional drugs (viz. heroin and cocaine): the “patients” who needed treatment rather than “criminals” criminalization of new substances, especially who deserved punishment. Therefore, the rise in drug cases presented here was mostly related to the production, methamphetamine, together with recent govern- distribution, export, and import of the illegal drugs or ments’ strict policies on drug suppression are substances. 312 L.D. Junlakan et al. classifying it as one of the “Urgent Policies to be to , there are six evil consequences for Implemented in the First Year.”3 Evidently, there- those who indulge in gambling. All forms of fore, a crime control approach prevails when it gambling, therefore, are prohibited not only on comes to dealing with drugs in Thailand. religious and moral grounds but also under the Gambling4 and prostitution, 5 the second and nation’s legislation and criminal policy. In recent third most common crimes resulting in arrests, years there have been attempts to decriminalize respectively, should also be highlighted here. gambling on the basis of enhancing the national Although many countries have already decrimi- revenue through the operation of . nalized gambling and prostitution, Thailand However, advocates for this still have not suc- continues to regard them as crimes in need of ceeded in convincing the policy makers of the punishment, possibly due to the fact that Thailand desirability of doing so, despite the fact that most is a predominantly Buddhist country.6 According of Thailand’s neighbors, including Cambodia, now bene fi t fi nancially from casinos. A similar approach has been adopted to the criminalization of prostitution. Although recog- 3 According to the Policy Statement of the Council of Ministers delivered by Prime Minister Yingluck nized in theory as a victimless crime, prostitution Shinawatra to the National Assembly, 23 August 2011: can lead to both the violation and exploitation of “1. Urgent Policies to be Implemented in the First Year. the rights of those forced into the sex industry. 1.2 Prevention of and de fi ne solutions to drug problems as Again, Buddhism condemns prostitution, believ- a “national agenda” by adhering to the rule of law to crack down on and penalize producers, dealers, in fl uential per- ing that it potentially provokes in fi delity which sons and wrong doers by strictly enforcing laws; adhere to runs counter to religious doctrine. Therefore, as a the principle that a drug addict is a patient who shall result of the strict policy on this agenda (Samran receive treatment to enable him/her to return to be a pro- 2010 ) together with pressure from the public and ductive member of society; have a systematic mechanism to monitor and provide assistance; seriously expedite the both domestic and international media, the num- prevention of drug problems by seeking proactive coop- ber of arrests in prostitution cases has remained eration with foreign countries in controlling and seizing in the top fi ve since 2006. narcotic drugs, chemicals and materials used in the pro- The process for the passage of these and other duction of narcotic drugs smuggled into the country in an integrated and effective manner; and, prevent vulnerable cases through the Thai criminal justice system is groups and the general public from getting involved with relatively similar to that in other jurisdictions. narcotic drugs by harnessing all sectors of society to fi ght That is, after the inquiry process by the police against narcotic drugs.” See The Secretariat of the Cabinet. and the amassing of evidence, the case proceeds (2011). Government’s Policy. http://www.cabinet.thaigov. go.th/eng/bb_main31.htm . to the Of fi ce of the Attorney General (OAG). In 4 The principle law against is Gambling 2010, 3,143,686 cases were handled by the Act 1935. It, however, does not provide the exact de fi nition OAG.7 Cases which, in the opinion of the public of “gambling” but rather specifi es the activities which can prosecutor, are supported by suf fi cient evidence lead to “gambling,” i.e., , , and billiard. It should and are capable of being proved beyond reason- be noted that the activities themselves are not “illegal” but the “intention” of the parties involved can be deemed as ille- able doubt will be indicted in the Court of First gal. Basically, the law prohibits the act of betting or wager- Instance. Table 20.2 demonstrates that the fi ve ing for money on such activities. most common types of cases prosecuted by the 5 According to the Prevention and Suppression of OAG very largely re fl ect the fi ve most common Prostitution Act 1996, “prostitution” is de fi ned as “sexual causes of arrest as presented in Fig. 20.1 , the intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another main difference between the two statistics being person in a promiscuous manner in return for money or that prostitution, which ranks 3rd in police any other bene fi t, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not.” 6 A census in 2005 ( http://www.onab.go.th ) revealed that 7 This fi gure includes both new cases and pending cases there were 46,902,100 Buddhists in Thailand (or approxi- carried over from previous years. See http://www.stat.ago. mately 73% of the total population—the authors). go.th/stat/53/p-cri-.htm for further details. 20 Contemporary Crime and Punishment in Thailand 313

Table 20.2 Number of cases prosecuted by the OAG in 2010, ranked in descending order Offense Number of cases in 2010 Drugs 134,469 Gambling 64,762 Immigrationa 31,926 Theft 29,805 Weapon 16,223 Source: Of fi ce of the Attorney General (2012). http://www.stat.ago.go.th/stat/53/ cri%2011.htm a These were offenses against Immigration Act, 1979 and the majority involved illegal entrance to the country and the use of false documents. Section 58 of the Act indicates that “any alien who has no lawful document for entering the Kingdom under Section 12 (1); or has no Residence Certi fi cate under this Act; and also has no identi fi cation in accordance with the Law on Alien registration, is considered to have entered into the Kingdom in violation to this Act”

records, is replaced by immigration cases in the Table 20.3 Number of cases admitted to the Court of OAG’s statistics. It is a moot point as to where First Instance in 2010, ranked in descending order these prostitution cases have “disappeared” and Offense Number of cases in 2010 available statistics have not enabled the authors Drugs 160,478 to draw a de fi nitive conclusion. However, opting Traf fi c 106,679 for an alternative source of data has helped to Gambling 63,228 identify a possible explanation: the key legisla- Immigration 34,231 tion concerning prostitution. Although efforts Theft 31,739 have been made by the authorities to effectively Source: Of fi ce of the Judiciary (2012a ) deal with the issue of human traf fi cking in Thailand, the speci fi c laws against prostitution, one of the core “businesses” of human traf fi cking, cases admitted to the Court of First Instance and their enforcement are ineffective (Samran (Of fi ce of the Judiciary 2012). Table 20.3 demon- 2010 ) . For example, according to the Prevention strates that the fi ve most common offenses in that and Suppression of Prostitution Act 1996 year were, in descending order, as follows: drug- (Articles 5–7), the commission of many of the related offenses (160,478 cases); traf fi c offenses prohibited acts can be settled out of court by the (106,679 cases); gambling (63,228 cases); viola- payment of a fi ne. The law also provides room tions of immigration laws (34,231 cases); and for police discretion, e.g., in determining the theft (31,739 cases) (Of fi ce of the Judiciary acts of “communication,” “self-introduction,” 2012a, b ) . These statistics con fi rm that drug cases and “invitation,” between the prostitutes and have dominated the workload of key agencies in their customers. This, therefore, could result the criminal justice system in recent years. in many prostitution cases being dropped by Gambling and theft remain in the top fi ve, while the police when offenders pay the fi ne, with the the number of traf fi c and immigration cases sur- result that prostitution does not fi gure among passed those involving prostitution and weapons the fi ve most common types of cases in the in the Court of First Instance (some prostitution OAG’s statistics. and weapon cases were minor offenses and thus Lastly, an examination of the judiciary’s sta- not pursued in Court—the authors). In addition, tistics reveals that in 2010 there were 544,258 in 2010 the three most frequent sentences imposed 314 L.D. Junlakan et al.

300,000 266,008 251,160 250,000

200,000

150,000

100,000 79,125

50,000 1,863 17,797 392 543 0 Fine Others Capital property Suspension punishment Confinement Forfieture of Forfieture Imprisonment

Fig. 20.3 Types of sentences handed down by the Court of First Instance, 2010.Chart adapted from the original in Of fi ce of the Judiciary 2012, p. 31. Source: Of fi ce of the Judiciary (2012b )

on convicted offenders by the Court of First to a concern about the ‘dark fi gure’ of crime— Instance were, in descending order, suspension of that is, about occurrences that by some criteria punishment, fi ne, and imprisonment (Fig. 20.3 ). are called crime yet that are not registered in the To sum up, according to the data presented statistics of whatever agency was the source of above, drug-related offenses represent a major the data being used” (p. 1) and that “in exploring crime problem in Thailand, dominating the the dark fi gure of crime, the primary question is workloads of the police, prosecutors, and the not how much of it becomes revealed but rather judiciary. However, as has been suggested by what will be the selective properties of any par- earlier scholars (Biderman and Reiss 1967 ; ticular innovation for its illumination” (p. 1). Pepper and Petrie 2003 ; P e p p e r e t a l . 2009 ; These notions date back 35 years, yet the only Skogan 1975 ) , m e a s u r i n g c r i m e i s n o t a n e a s y “innovation” with which most jurisdictions are task and relying solely on offi cial data can result familiar is the crime victim survey as a supple- in problems of validity and reliability. Skogan ment to the offi cial data. The most recent attempts (1975 ) states that a civilian’s decision to report to measure crime are the development of Crime an incident to the police is “probably the most Severity Index a n d Uniform Crime Reporting important factor shaping offi cial statistics on Survey in Canada. However, these tools are still crime” (p. 20) whilst the police’s discretion to based on the combination of of fi cial crime sur- record or write a formal report also affects the veys and victim reports. offi cial data (p.22). What is left unreported is In Thailand, as mentioned above, a systematic referred to in criminology as the “dark fi gure.” approach has not yet been adopted to the man- According to Bidderman and Reiss, Jr. (1967), agement of crime statistics, unlike in developed “the history of criminal statistics bears testimony countries. Having said that, an attempt to identify to a search for a measure of ‘criminality’ present unreported crimes was made by the Of fi ce of among a population, a search that led increasingly Justice Affairs, Ministry of Justice, in 2008, when 20 Contemporary Crime and Punishment in Thailand 315 a ground-breaking crime victim survey was authorities. Finally, but not the least, a signi fi cant carried out to examine crimes occurring from 1 issue to emerge from the data is that there are as January to 31 December 2007 (Of fi ce of Justice many hidden, unreported crimes in Thailand as Affairs 2009 ) . 8 In total, approximately 18.2 mil- reported ones. However, to date no visible action lion households consisting of members 15 years has been taken or new policies introduced by the old or above were selected as the sample, repre- authorities to effectively respond to this issue. senting a total of 51,070,971 interviewees. (To put this in context, the total population of Thailand at the end of the survey year was estimated to be 20.3 Key Punitive Measures 66 million.) Of the total sample, 288,683 persons (0.6%) reported that they had been victims of This section discusses criminal policy through crime during the period involved. Interestingly, the examination of the criminal justice process the overwhelming majority of the victims (94.0%) and of fi cial facts and fi gures in recent years. In were victims of property crimes (most commonly Thailand, no of fi cial policy as such is made pub- theft, breaking and entering, vehicle theft, and lic. Having said that, the government’s discourses, destruction of property in that order). As for the together with statistics from relevant criminal characteristics of the victims themselves, the justice system agencies, can be used as substi- report demonstrated that the majority were male tutes when exploring the country’s approach to (51.9%), married (74.8%), with a mean age of 43 dealing with crimes and offenders. and low education (primary level) (51.9%). Half of the crimes were committed by a single offender (51.0%), with offenders being generally unknown 20.3.1 The Justice Process to their victims. Of all these cases, the vast major- ity of offenders were male (83.2%), assessed to In order to have a clearer picture of the treatment be aged from 18 to 25 (30.7%), and acting inde- of offenders, the Thai justice process should fi rst pendently. The most common response to the be brie fl y introduced. The key legislation is the question concerning when the crime occurred Criminal Procedure Code, which guarantees the was between 18.01 h and 06.00 h (36.5%) whilst right of the accused to counsel during the pretrial the crime location was most commonly the vic- phase, preliminary hearing, and trial itself. tim’s own residence. Pursuant to the Constitution, the defendant is also One of the most interesting fi ndings of this guaranteed the right to a public trial and to be pilot project was that 65.2% of actual crimes, in present at that trial. As in other jurisdictions, the particular sexual and property crimes, were not law adopts the principle of presumption of inno- reported to the authorities due to either the vic- cence, whereby the defendant must not be treated tim’s assumption that the police could not do as a criminal until found guilty by the Court. It is anything to help (62.0%) and/or the victim’s the burden of the public prosecutor to prove inability to provide any details of the offender beyond a reasonable doubt that the defendant (74.5%). The project not only uncovered unre- actually committed the crime before the Court ported crimes but also pinpointed the public’s can penalize him or her. However, unlike some low level of con fi dence in the Thai criminal jus- countries there is no plea bargaining in Thailand, tice system, a key issue which needs to be taken although research is currently underway as to the into account by policy-makers and relevant feasibility of introducing this. For offenses carry- ing imprisonment terms of fi ve years or more, even if the defendant pleads guilty the Criminal 8 This victim survey represented the state’s effort to incor- Procedure Code requires that there should be porate missing crimes which were not of fi cially reported to proof beyond reasonable doubt that the defendant the authority. This operation was not part of the International Crime Victim Survey (ICVS) format. More detail of the actually committed the offense. However, when survey can be found at h t t p : / / w w w . t h a i c v s . o r g / . the defendant pleads not guilty, or when the case 316 L.D. Junlakan et al. requires further hearings, the Court will set a date against such a judgement, as such sentences are for the trial. Normally, the trial proceeds with the not fi nal unless confi rmed by the Court of Appeal. examination and cross-examination of witnesses, Execution of sentence may be suspended if the fi rst by the prosecutor and then by the defense defendants are insane; if it is feared that their life lawyer. will be endangered by imprisonment; if they are The Thai judiciary plays a passive, neutral pregnant; or if less than three years have elapsed role during the trial, with the Court basing its ver- since they gave birth. In cases where the defen- dict on the facts that emerge during the examina- dant has been sentenced to capital punishment, tion and cross-examination processes carried out this cannot be executed until the provisions of by the public prosecutor and the defense lawyer. the Criminal Procedure Code governing pardon Sentencing is the culmination of the trial process, have been complied with. If a person sentenced with the Court delivering its verdict together with to capital punishment becomes insane before a proportionate sentence for a defendant who is being executed, the execution is suspended pend- found guilty. To arrive at this and to ensure uni- ing his or her recovery. Furthermore, the death formity in sentencing, the Court uses sentencing sentence is not applicable to a person under eigh- guidelines, although these are neither legally teen and such a sentence on a pregnant woman binding nor do they of fi cially limit the discretion will be commuted to life imprisonment after of the judge. being suspended for the fi rst three years after the The Criminal Code and other criminal statutes child is born. In fact, very few executions take specify the range of minimum and maximum place in Thailand, the most recent having been penalties for a particular offense. The Criminal carried out in 2009 when two convicted drug Code speci fi es fi ve types of penalty, viz., capital offenders and a murderer were executed. It should punishment ; imprisonment ; con fi nement ; fi ne ; also be mentioned in passing that the execution and forfeiture of property to the state . Section 39 method was “modernized” in 2003 when legisla- of the Code also stipulates the following “safety tion was enacted to replace the fi ring squad by measures”: protective custody; prohibition on lethal injection. 9 As of 20 March 2012, seventy- entering speci fied locations; the execution of a one prisoners, all male, were on death row in bond upon receipt of a security for keeping the Thailand (Department of Corrections 2012, peace; con fi nement to an institution for treat- unpublished data). ment; and prohibition on engaging in specifi ed Under the terms of the Criminal Procedure occupations. As speci fi ed in the Criminal Code, Code, if either party is dissatis fi ed with the judge- in cases for which the maximum term of impris- ment of the Court of First Instance, they can onment is not more than three years and the appeal to the Court of Appeal. Disagreements on accused has not previously served a prison term, legal issues can, without exception, be sent to the except for negligence or petty offences, the Court Court of Appeal and then, if necessary, to the can use its discretion to grant a suspension of the Supreme Court. Factual disputes can also be sentence and a suspension of the punishment for appealed in both these Courts, subject to restric- a fixed period of time. If the accused does not tions at both stages. In theory, the appeal has to commit another offense during this period, they be lodged within thirty days of the issuance of the will be discharged. Court of First Instance’s verdict or order. When found guilty of an offense punishable One component which distinguishes the Thai by imprisonment, the convicted offender is criminal justice system from that of other juris- detained in a state prison administered by the Department of Corrections. If the Court of First Instance imposes a sentence of capital punish- 9 The prisoner is injected with three kinds of drugs: sodium ment or life imprisonment, it must send all fi les thiopental, a barbiturate which renders the prisoner uncon- scious; pancuronium bromide, a muscle relaxant which relating to the judgement to the Court of Appeal paralyzes all muscles and stops breathing; and potassium for review, even if no appeal has been lodged chloride, to stop the heart and cause cardiac arrest. 20 Contemporary Crime and Punishment in Thailand 317 dictions is the active use of the Royal Pardon. custody those sentenced by the Court. The two key This can be granted to any eligible individual or thrusts of the correctional service as presented in group of individuals at the discretion of the mon- the organization’s vision are custody a n d reha- arch, as stated in the 2007 Constitution10 and in bilitation . In order to attain the objective of the Criminal Procedure Code.11 The pardon may secure custody, currently the DOC’s principal be in the form of an unconditional release, a com- strategy focuses on enhancing prison security for mutation, or reduction of punishment. A effective management of high-profi le prisoners Collective Royal Pardon is granted on certain by equipping its main facilities with the neces- auspicious national occasions: in recent years sary custodial technology as well as competent these have included the so-called Seventh Cycle human resources. As for rehabilitation, the DOC Birthday Anniversary (i.e., 84th birthday) of His has established a new paradigm of correctional Majesty the King on 5 December 2011 and the works which emphasizes the importance of reha- 60th Anniversary of His Majesty’s Accession to bilitation during incarceration, with the ultimate the Throne in 2006. On the other hand, an goal of returning inmates to the community as Individual Royal Pardon is granted as a matter of good, law-abiding citizens. routine procedure: any convicted prisoner; a con- Rehabilitation programs for offenders in cor- cerned person (parent, offspring, or spouse); or rectional facilities can be categorized into 3 diplomatic representative (in the case of foreign groups: basic programs; supporting programs; prisoners) wishing to petition the monarch for a and reentry programs. The fi rst comprises the pardon may do so by submitting the petition main activities for inmates, e.g., both mainstream through of fi cial channels, viz., the prison author- and vocational educational training; artistic train- ity, the Ministry of Justice, and the Of fi ce of His ing; and religious and recreational activities, all Majesty’s Principal Private Secretary, and for for- of which aim to equip offenders with basic com- eign nationals, the Ministry of Foreign Affairs or petencies in readiness for their return to society. their country’s diplomatic mission. The second group involves short-term programs Overall, it is fair to state that Thailand’s crimi- which emphasize knowledge enhancement and nal justice process is relatively similar to that of skills training, e.g., anger management, absten- other jurisdictions, especially the British court tion from alcohol and tobacco, and empathy with system, as most of the key founders of the mod- victims’ feelings. Lastly, the third block recog- ern Thai justice system were trained in England. nizes the necessity of preparing prisoners for In fact, many recent developments in the Thai reintegration and therefore focuses on such issues system continue the shift towards Western meth- as family, employment, social reintegration, and ods and standards, for example, restorative jus- necessary life skills, with the objective of reduc- tice; “the re-emergence of feminism” (Newburn ing the risk of reoffending. Simultaneously, this 2003 :235); and “the rise of victim support” enhances the general public’s con fi dence that (2003:241). The reform of criminal justice is dis- offenders will return to society as law-abiding cussed later in this chapter. citizens. Figure 20.4 shows the Thai prison population over the past twelve years. In 2002 the prison 20.3.2 Imprisonment population reached a historical peak, with 252,879 prisoners incarcerated nationwide. This Founded in 1915, the Department of Corrections was primarily due to the lead-up to what in 2003 (DOC) plays a signi fi cant role in keeping in of fi cially became known as the “War on Drugs” policy of the then government, with most drug offenders of whatever nature being indiscrimi- 10 Section 191. nately imprisoned. The subsequent decline 11 Sections 259 to 267 of Division 7: Pardon, Commutation (2004–2007) re fl ects three factors: the release of and Reduction of Punishment. prisoners under Royal Pardons; the implementation 318 L.D. Junlakan et al.

300,000 252,879 237,869 227,750 250,000 231,725 224,864 207,457 213,094 204,701 190,028 200,000 167,142 166,903 163,336 152,625 150,000

100,000

50,000

0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

F i g . 2 0 . 4 Trends in prison population, 2000–2012 (as of 1 February 2012). Source: Department of Corrections ( 2012 )

Table 20.4 Number of persons in custodial institutions (as of 1 February 2012) Male Female Total % 1. Convicts 142,687 24,577 167,264 73.44 2. Remandees 49,185 8,752 57,937 25.44 2.1 Awaiting appeal 25,472 3,947 29,419 12.92 2.2 Awaiting trial 9,210 1,804 11,014 4.84 2.3 Awaiting investigation 14,503 3,001 17,504 7.69 3. Juveniles ordered by the Court 373 13 386 0.17 4. Relegated persons 7 0 7 0.00 5. Detainees 2,004 152 2,156 0.95 Total 194,256 33,494 227,750 100 Source: Department of Corrections (2012 ) of the Narcotic Addict Rehabilitation Act 2002; Female and the use of alternatives to imprisonment to 33,494 (15%) help overcome overcrowding. From 2008 the graph starts to rise again as a result of the reintro- duction of more stringent policies together with a tendency to impose very long sentences on major drug offenders. Nevertheless, in 2010 a large number of prisoners were released under Royal Male 19,4256 Pardons, granted for quali fi ed prisoners to cele- (85%) brate the 60th Anniversary of HM King Bhumibhol’s Coronation: this somewhat allevi- Fig. 20.5 Prison population classi fi ed by gender (as of 1 February 2012). Source: Department of Corrections ( 2012 ) ated overcrowding. However, the most recent sta- tistics show a further increase in the prison population, mainly due to a renewed rise in the number of convicted drug offenders. 73.44% convicts; 25.44% remandees; and 1.12% As of 1 February 2012, 227,750 individuals others (Table 20.4 ). In line with other prison sys- were being kept in custody across the country, tems, the majority (85%) of the prison population with the breakdown of their legal status being is male (Fig. 20.5 ). The evidence, however, shows 20 Contemporary Crime and Punishment in Thailand 319

120,000 104,722 100,000 Property 80,000 Drugs Life threatening 60,000 Assaults Sexual Offenses 40,000 29,852 Public safety 12,319 others 20,000 7,637 6,280 5,896 242 0

Fig. 20.6 Number of convicts in prisons, classi fi ed by offense (as of 31 January 2012). Source: Department of Corrections (2012 ) . Note: “Life Threatening offenses” include murder, attempted murder, manslaughter, and negligence resulting in the death of others that the growth in the number of female prisoners icy has led to the imposition of the maximum is on a par with, or even higher than, their male sentence for those convicted of drug-related counterparts. In addition, recent international offenses. data comparing the incarceration rate of 218 countries ranked Thailand at 28th, with an incar- ceration rate of 328 per 100,000 population12 20.3.3 Probation and Parole (International Centre for Prison Studies 2012). In a speci fi cally Asian context, Thailand came sec- In Thailand, probation is the main alternative ond after Iran. sanction to imprisonment. The probation system When looking at types of offenses (Fig. 20.6 ), for adult offenders was introduced into the coun- the majority of convicts (104,722 or 62.73%) try with the establishment of the Central were drug offenders, followed by those convicted Probation Offi ce under the Probation Procedure of property crimes (29,852 or 17.88%) and life- Act 1979. Since then the Thai probation system/ threatening offenses (12,319 or 7.38%). It should agency has gradually expanded and in 1992 the be noted that currently incarcerated drug offend- offi ce was upgraded and renamed the Department ers consist mainly of producers and pushers: as a of Probation (DOP). result of legal reform and diversion programs, The administration of probation work in most drug users are now diverted to drug reha- Thailand is broadly on a par with other jurisdic- bilitation centers (see discussion on probation tions. Adult offenders on probation are those below). In addition, in view of the discussion in who have committed an offense punishable by a the previous section on both crimes reported to term of imprisonment of not more than 3 years, the police and the crime victim survey, it is not with the Court either suspending the determina- surprising that the proportion of drug prisoners tion of punishment or designating the punish- is much greater than other subgroups. Again, ment but suspending the implementation thereof. this con fi rms that the “get tough on drugs” pol- In addition, the Court may order probation offi cers to conduct a social investigation for its consideration on the suspension of a punishment. Table 20.5 , showing presentence investigation 12 Data available at http://www.prisonstudies.org/info/ cases from 2007 to 2010, refl ects the small but worldbrief/wpb_stats.php?area=all&category=wb poprate. International Centre for Prison Studies noted that notable decrease in this over the past few years. this fi gure was “based on an estimated national population In July 2002 a Cabinet resolution conferred on of 68.4 million at the beginning of March 2011 (from the DOP the responsibility for administering pre- fi gures).” trial, trial, and posttrial probation, thereby initiating 320 L.D. Junlakan et al.

Table 20.5 Presentence investigation cases, 2007–2010 Table 20.7 Successful completion of probation, 2006–2009 Year Presentence investigation cases 2007 47,966 Year Number of cases Percent 2008 46,516 2006 117,567 93.1 2009 44,694 2007 112,237 93.2 2010 44,895 2008 117,287 92.7 Source: Department of Probation (2011 ) 2009 128,339 91.9 Source: Department of Probation (2011 )

Table 20.6 The number of probationers and parolees, Table 20.8 Revocation and reoffending rates of proba- 2003–2010 tion population, 2007–2009 Adult Juvenile Year Revocation rate (%) Reoffending rate (%) Year probationers Parolees probationers Total 2007 6.8 15.3 2003 64,232 49,086 4,674 117,992 2008 7.2 10.7 2004 70,428 35,095 12,890 118,413 2009 8.1 14.2 2005 81,995 29,459 15,520 126,974 Source: Department of Probation (2011 ) 2006 86,937 23,547 18,470 128,954 2007 92,279 22,900 21,999 137,178 2008 102,880 19,873 23,278 146,031 newly admitted cases), and again in both 2008 2009 130,048 25,852 22,936 178,836 (30.76%) and 2010 (40.12%), with drug offenses 2010 125,949 22,721 23,733 172,403 in second place in both these years. However, 13 Source: Department of Probation (2011 ) drug cases topped the chart in 2009 (45.34% of all cases) and again in 2011 (38.41%).14 Compared with the number of cases success- a comprehensive mechanism for developing the fully completed each year over the period 2006– probation system. Thus, by the end of October 2009 (Table 20.7 ), the rate is satisfactory, with a 2003, the responsibility of the DOP had been range of 91–93%, even though there has been a modifi ed to cover probation sanctions against the slight year-on-year percentage decline since 2007. accused and offenders at all stages of adjudica- Over the period 2007–2009, the percentage of tion, including adult probation, parolees, and probationers who had their probation revoked juvenile offenders on suspension of sentence or due to a breach of conditions ranged from 6.8% conditional release from a training center. (2007) to 8.1% (2009) (Table 20.8 ). Probationers Table 20.6 represents the probation and parole and parolees who reoffended after completion of population from 2003 to 2010. Overall statistics their sentence ranged from 10.7% to 15.3% over show that the probation population has been the same 3-year period. increasing constantly at an average rate of 5.8% Looking at the criminal justice system agen- per annum. The number of adult probationers cies’ data in both this section and the previous doubled from 2003 to 2010, while the number of one, the authors wish to argue that they re fl ect an juvenile probationers showed an even more uncoordinated criminal policy driven by the remarkable increase ( fi vefold) over the same political agendas of the ruling governments (as seven-year period, from 4,674 in 2003 to 23,733 also suggested by scholars, e.g., Garland 2001 ; in 2010. On the other hand, the parole population Newburn 2003 ; Simon 1997 ) . An obvious exam- in 2010, including prisoners released on sentence remission, decreased about 56% from 2003. When putting types of offense in perspective, 13 Drug cases under probation include “drug possession” most of the caseload in the probation and parole and “drug production” offenses involving limited amounts of less serious types of drug as identi fi ed by the Narcotic system was involved with traf fi c and drug cases. Addict Rehabilitation Act, e.g., opium and marijuana. Statistics show that traf fi c-related offenses were 14 Unpublished data from the Department of Probation, at the top of the chart in 2007 (34.22% of all 2012. 20 Contemporary Crime and Punishment in Thailand 321 ple is the policy towards drug offenses: it seems In addition, the criminal justice system has that the government chose to “get tough” on one been criticized on many fronts over the past speci fi c crime which would attract the attention decade—including miscarriage of justice; rights of the public and the media (see Newburn 2003 , violations of both the accused and victims; abuse 264–267). This has resulted in a case overload of power; delay in the administration of justice; problem for criminal justice agencies, especially and prison overcrowding (Kittayarak 2001 ; the two core agencies—the Department of Thailand Criminal Law Institute 1998;16 Corrections and the Department of Probation— Ua-Amnoey 1999 ) . These issues have been which are key administrative bodies responsible repeatedly raised by politicians, scholars, human for implementing the Court’s sentences. right advocates, and other stakeholders whenever Although attempts have been made to deal fl agrant cases of injustice have occurred and have with drug offences by diverting drug use offences been sensationalized in the media. It has been from the justice system, drug-related offences are argued that the inef fi ciency of the criminal justice still in the majority, consuming vast resources system is partly caused by the lack of clear crimi- from agencies across the system. Additionally, the nal policy and overemphasis on crime control. statistics from the DOC suggest that imprisonment However, other scholars regard the root of the remains the most convenient and safest option to problem as being the “nonsystem” of criminal punish wrongdoers. The authors wish to empha- justice agencies (Kittayarak 2003 ) . size that a holistic approach should be adopted During the 1990s, there was status disparity in dealing with crimes, especially drug crimes. among the core criminal justice agencies. The Currently, overreliance on imprisonment still Of fi ce of the Attorney General17 and the Courts exists, whilst the employment of alternative sanc- of Justice18 at that time were independent, tions remains limited. Moreover, the effi ciency although as court administration remained one of of the criminal justice system in dealing with the core responsibilities of the Ministry of Justice, crimes appears to be suspect. These are some of the ministry was somewhat scathingly referred to the challenges facing the criminal justice system as the “Ministry of Court.” On the other hand, the which are discussed in detail in the next section. and the Department of Corrections were under the Ministry of the Interior and the Department of Probation was 20.4 Criminal Justice Reform under the Ministry of Justice. Thus not only was the structure of the criminal justice system inap- When looking at the incarceration rate and pun- propriate and fragmented, but the agencies’ oper- ishments speci fi ed by Thai law, it is undeniable ations were also uncoordinated, focusing that the Thai criminal justice system relies exces- primarily on their own particular goals, with the sively on the use of imprisonment, with a higher policy and the objectives of their umbrella orga- incarceration rate in comparison with that of other nization accorded lower priority. countries. Sanctions imposed on offenders pri- The inef fi ciency of the criminal justice system marily consist of payment of a fi ne and suspension gradually became the focus of both the public of sentence/punishment with or without proba- and successive governments. Therefore, when tion, traditionally the standard noncustodial mea- sures applied in Thailand. Community service, which is a popular, mainstream noncustodial mea- 16 Thailand Criminal Law Institute (1998). Seminar Report sure in many countries, is not widely applied in on Direction of Thai Criminal Justice in the Next Decade. Thailand and is limited to some specifi c groups.15 Unpublished manuscript. 17 From 1991 to 2001, the Of fi ce of the Attorney General 15 In Thailand, community service is applied to those who was an independent agency under the Prime Minister but are on probation and consent to do such service; those was transferred to the Ministry of Justice in 2002. who request to do community service in lieu of fi ne; or 18 The courts were independent but remained administra- drug users who are under compulsory drug treatment. tively under the Ministry of Justice from 1991 to 2000. 322 L.D. Junlakan et al. the 1997 Constitution was drafted, the reform of law and human rights, Thai criminal policy now criminal justice and rights protection were two increasingly stresses the rights of victims, the core issues to which the drafting committee paid accused, and offenders, especially the vulnerable, particular attention. As a result, the so-called such as children and women. Acknowledging People’s Charter contained many Sections losses suffered by both crime victims and accused focusing on due process and the reform of the persons who themselves become victims of the criminal justice system. Subsequently, the 2007 miscarriage of justice, Thailand enacted the Constitution maintained most of the ideology Compensation for Crime Victims and Accused enshrined in its 1997 counterpart whilst putting Act 2001 to fi nancially compensate them for their further emphasis on criminal justice agencies’ mental and/or physical suffering. Under this law, ef fi ciency, including public participation in victims of serious crime, such as rape, murder, the administration of justice and the establish- and assault, are entitled to receive compensation ment of independent agencies to provide checks from the State to cover loss of earnings, medical and balances. expenses, death, and other losses if applicable. In However, midway between these two the case of accused persons, the compensation Constitutions, signi fi cant criminal justice reform applies to those who have been prosecuted, took place in 2002 when the government decided confi ned, and then had the case against them to reorganize the Ministry of Justice and establish withdrawn due to their innocence, or when the new departments to improve the system’s Court’s judgment is one of not guilty. The com- ef fi ciency. The reorganization of the Ministry pensation covers their criminal defense expenses, was also a response to overall civil service reform loss of liberty during con fi nement, medical based on citizen-centered principles and result- expenses, and death. based implementation. This, along with other To protect the rights of children and juveniles, factors, led to changes in policies and the reorga- the Criminal Procedure Code and legislation nization of criminal justice which are discussed relating to juvenile justice have been amended to later in this section. guarantee the rights protection of juvenile wit- nesses and offenders. The amendments19 stipulate that the questioning of a child/juvenile by an 20.4.1 Reform of Criminal Policy inquiry of fi cial must be carried out separately from other offenders; in an appropriate place; and In recent years—and in particular since the major without discrimination or stigmatization. The criminal justice reform of 2002 referred to legal adviser of the alleged child/juvenile offender above—there have been changes and new direc- is required to be continually present at the time of tions in Thai criminal policy, not so much explic- their being informed of the charge and during itly stated, but clearly re fl ected in related their interrogation. Additionally, in the case of an legislation and policy, including both the Criminal alleged serious offence, the inquiry of fi cial must and Criminal Procedure Codes, the National interrogate the child/juvenile offender in the pres- Master Plan on Criminal Justice, and government ence of a psychologist or a social worker; a per- policy as a whole. To illustrate this shift, policy son designated and requested by the child/ and practices as applied over the past few years juvenile; and a public prosecutor. are outlined below. Likewise, on the issue of women offenders, Thailand has become a leader in the promotion of 20.4.1.1 Increased Emphasis on the Rights their enhanced treatment and protection of their of Victims, the Accused, rights. Under the royal patronage and leadership and Offenders Due to the 1997 and 2007 Constitutions’ empha- sis on rights protection and conformity with 19 Sections 133, 134, and 172 of the Criminal Procedure international standards for promoting the rule of Code as amended in 1999. 20 Contemporary Crime and Punishment in Thailand 323 of HRH Princess Bajrakitiyabha, in 2008 Thailand aims to provide restoration for the victims and initiated the Enhancing Lives of Female Inmates the community, this approach also bene fi ts (ELFI) project to promote appropriate treatment offenders by providing an opportunity for them programs for women prisoners, from their enter- to make reparation and be diverted from the justice ing the correctional system to the aftercare phase. system. Since its implementation in 2003, 20,000 The recommendations proposed by ELFI became children and juveniles have been diverted by internationally recognized and supported, lead- non-prosecution orders. ing to their ultimate adoption by the United Another alternative measure development is Nations as the United Nations Rules for the the compulsory drug treatment scheme, endorsed Treatment of Women Prisoners and Non- by the Narcotic Addict Rehabilitation Act 2002. Custodial Measures for Women Offenders, or This scheme was innovatory in that it made a dis- “Bangkok Rules,” in December 2010. tinction between drug users and drug producers, Consequently the United Nations Of fi ce on Drugs sellers, and exporters: the users became classi fi ed and Crime (UNODC) was given the task of dis- as “patients” and therefore sent to rehabilitation seminating the Rules as a supplement to the centers for drug treatment programs, depending Standard Minimum Rules for the Treatment of on the nature of their case. If the treatment shows Prisoners and the Tokyo Rules. satisfactory results, they are then diverted from criminal procedures without a criminal record. 20.4.1.2 Application of a Wider Range Since its implementation in 2003, over 500,000 of Alternative Measures drug users have been diverted from the criminal The problem of excessively large caseloads, found justice system. at every stage of the Thai criminal justice system, especially prison overcrowding, has driven crimi- 20.4.1.3 Promotion of Community nal justice agencies to apply a range of alternative Participation at Policy measures to divert cases from the system. This and Practice Levels policy was in effect initiated by a Cabinet Lastly, the change in criminal policy can be Resolution of 10 July 2001, providing guidelines observed through new schemes aiming to encour- on reducing caseload and overcrowding. These age community participation in criminal justice. include the use of confl ict resolution as an alter- In accordance with the National Master Plan for native measure and sentencing option, as well as Justice Administration 2009–2012, a strategy is the implementation of compulsory drug treatment in place to promote justice system participation to divert drug users from the system. by all social sectors, including the community, The implementation of this policy is also evi- the private sector, local administration, and the dent through the application of restorative justice media. In fact, this policy had previously been practices, which are currently implemented at put into practice, with the National Master Plan both the pretrial and trial stages in both adult and serving to promote its continuation and empha- juvenile cases. When the amended Juvenile and size its importance. For example, the concept of Family Court and Procedure Act was promul- voluntary assistance, such as acting as a volun- gated in 2010, conferencing became extensively teer probation of fi cer, was established in 1986 used with child/juvenile offenders as an alterna- but was subsequently extended to cover other tive approach to divert cases from the juvenile areas, such as the scheme for volunteering in justice system and rehabilitate young offenders. rights and liberties protection established in 2005. In such cases, if the victim(s) and responsible However, the most innovatory project for public of fi cial agree, conferencing takes place and a involvement in the justice system is the rehabilitation plan, aiming simultaneously to Community Justice Scheme, introduced by the reform the offender, make restoration to the Department of Probation in 2003, under which victim(s), and promote public safety, is devised. opportunities are provided for members of the Although the basic principle of restorative justice community to work in partnership with justice 324 L.D. Junlakan et al. of fi cials. Volunteers establish centers in their own of these is essential to improving the ef fi ciency of locality and they are then collaboratively involved the criminal justice system and promoting the in justice activities, such as crime prevention, coordination of criminal justice administration, offender rehabilitation, and con fl ict resolution. each organization is brie fl y introduced below. The primary aim of the Community Justice Scheme is not to lessen the burden of justice 20.4.2.1 Of fi ce of Justice Affairs agencies or help justice of fi cials perform their The Of fi ce of Justice Affairs was founded to sup- duties but to empower the community to make port the new approach to the justice system under itself strong and just through its own members. the reform policies, with its core functions After nearly a decade since its inauguration, the including being responsible for the administra- Community Justice Scheme has proved to be an tive work of the National Commission for Justice appropriate channel for the Thai criminal justice Administration Development and studying and system to respond to the needs of the public and analyzing policies, strategic plans, and justice improve con fi dence in its services. Indeed, it system management. could be argued that as Thailand moves towards becoming a more mature democracy, greater 20.4.2.2 Department of Special public involvement in the criminal justice system Investigation is an inevitable step and this is the direction which The Department of Special Investigation was all justice agencies should follow. established speci fi cally for the surveillance, deterrence, and effective prevention of increas- ingly complex crimes perpetrated by organized 20.4.2 Reform of the Organization criminal groups, especially those of a transna- of Criminal Justice Agencies tional nature, which jeopardize the nation’s econ- omy, social order, and stability, as well as for the As has already been mentioned, the 1997 and eradication of illicit groups or activities that 2007 Constitutions, coupled with overall civil endanger international security. service reform, have had a major in fl uence on Thai criminal justice reform. Section 230 of the 20.4.2.3 Department of Rights 1997 Constitution paved the way for the estab- and Liberties Protection lishment of new ministries, sub-ministries, or The mission of the Department of Rights and expanded departments through the promulgation Liberties Protection is to promote and protect the of a speci fi c law. Thus in 1998 the Royal ’s rights and liberties as stipulated by law Police became an independent organization under through the development of the promotion of the Prime Minister in order to improve its justice and the enhancement of the public’s effi ciency, whilst in 2000 the Courts of Justice awareness of their rights and liberties. In addi- became fully independent when its administra- tion, it offers protection and primary assistance tive work, judicial affairs, and legal affairs were to witnesses, victims, and accused persons in separated from the Ministry of Justice and trans- criminal cases. ferred to the newly founded Of fi ce of the Judiciary. There was also major reorganization of 20.4.2.4 Central Institute the Ministry of Justice itself, with the substantial of Forensic Science changes including the transfer of departments The institute’s main responsibilities are to receive from other ministries and the establishment of complaints from the public affected by forensic fi ve new departments.20 Since the establishment science malpractices; to provide forensic science services, e.g., the identi fi cation of missing per- sons and the veri fi cation of evidence; to study 20 A sixth new department, the Of fi ce of the Public Sector Anti-Corruption Commission, was later established in and research forensic science issues with both 2008, in accordance with the 2007 Constitution. governmental and nongovernmental sectors; and 20 Contemporary Crime and Punishment in Thailand 325 to supervise forensic science personnel to ensure or launched in Thailand, it is all too likely that that they comply with codes of practice, stan- they will not be implemented immediately, either dards, and ethics. because no one agency assumes the responsibility for doing so or appropriate resources are not 20.4.2.5 Department of Juvenile provided. Indeed, it would appear that changes Observation and Protection in criminal justice have been occurring at a rate The Juvenile Observation and Protection Center which prevents the system from responding in a was upgraded to the Department of Juvenile timely and appropriate manner. For example, the Observation and Protection with the expectation Criminal Procedure Code was amended to enable that it would serve as the core agency for protect- the use of home detention and electronic moni- ing the rights and welfare of children in the juve- toring in 2007 but neither of these measures have nile justice system. Its main responsibilities are yet been implemented because, as referred to to promote the rehabilitation of child and juve- above, it is not clearly speci fi ed which agency nile delinquents; to facilitate restorative justice should be responsible for these innovative and other alternative measures for diversion; and approaches and no clear budgetary policy was to provide other assistance services for children provided. This problem of implementation is by liaising with their families and community likely to continue if there is no single authority networks. capable of making such decisions for the system as a whole and which simultaneously has the power to compel the government to provide 20.5 Challenges and Conclusion suf fi cient resources. Recent developments seem to indicate a start In accordance with the core principles of the in addressing the above concerns but much Constitution—including the protection of the remains to be done. In order to provide an effec- people’s rights and liberty, independence, and tive response to these challenges as well as to good governance—Thailand’s criminal justice strengthen the unity, effectiveness, and ef fi ciency system is continually being reformed. This reform of the justice system, the National Commission has clearly wrought changes in criminal justice for Justice Administration Development was administration and processes, which require the established by the National Justice Administration understanding and cooperation of those both Development Act 2006. The commission, chaired inside and outside the system: criminal justice by the Prime Minister or the designated Deputy personnel need to understand the revised con- Prime Minister, consists of heads of relevant cepts and implement them accurately, whilst pub- organizations including the judiciary, the Ministry lic support for the new policies is also needed. of Justice, and the Ministry of the Interior. Since Thai society is accustomed to the conven- However, to date this commission has not made tional criminal justice system based on the pun- signi fi cant progress, due in part, it can be specu- ishment of offenders, the new policy and schemes lated, to the political upheavals and changes of focusing on rights protection, public involvement, the past six years which have necessarily resulted and alternative approaches may not be readily in changes of the chairperson. understood (Ua-Amnoey 2002 ) . T o g a i n s u p p o r t Evidently, there still remains a long way to go and implement the reforms smoothly, communi- in the development of the Thai criminal justice cation with and education of the public as well as system, with more challenges to be faced. justice personnel are of critical importance. Political uncertainty and instability remain preva- Another concern regarding the changes in lent, with the associated policy changes in agen- Thai criminal justice is the implementation of cies. Although some criminal justice organizations alternative approaches, especially alternatives to are now independent, successive governments imprisonment. Even when new laws or approaches still have the potential to generate policy incon- relating to alternative measures are promulgated sistencies and inef fi cient resource allocation. 326 L.D. Junlakan et al.

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