Reforming Thailand’s Fines System-A Path to Fairer Punishment and Social Justice
Published in TDRI Quarterly Review, Vol. 39 No. 1 (March 2024)
Author: Khemmapat Trisadikoon, Senior Researcher, Law for Development, Thailand Development Research Institute (TDRI), and Chattrika Napatanapong is Lecturer, Faculty of Law, University of the Thai Chamber of Commerce.
Suggested Bibliographic Citation: Trisadikoon, K., and Napatanapong, C. (2024). “Reforming Thailand’s Fines System-A Path to Fairer Punishment And Social Justice.” TDRI Quarterly Review, 39(1). 2-16. from https://tdri.or.th/en/2024/11/tdri-quarterly-review-march-2024/.
Abstract
This paper examines Thailand’s current fines system and proposes reforms to address issues of inconsistency and unfairness. An analysis of existing laws reveals wide disparities in fine amounts, with many fines losing deterrent effect due to inflation over time. The current fixed-rate system also fails to account for offenders’ economic status, disproportionately impacting low-income individuals. Drawing lessons from variable fines systems (day-fines) implemented in Finland, Germany and the United States, the paper recommends adopting a similar approach in Thailand. Key steps for implementation include: 1) defining the scope of offenses, 2) establishing standardized punishment units, 3) determining economic factors for assessment, and 4) creating mechanisms for data access and automatic fine adjustments. The proposed reform aims to create a more equitable and effective fines system that considers both offense severity and offenders’ means. Gradual implementation is suggested, starting with select offense categories. This research contributes to ongoing efforts to modernize and enhance the fairness and effectiveness of Thailand’s justice system.
Khemmapat Trisadikoon 