Fines More Effective Than Jail: Thailand Development Research Institute

[webfact]

Fines more effective than jail: TDRI

Piyanuch Thamnukasetchai

The Nation

BANGKOK: -- Fines, not jail terms, are a more effective deterrent against repeat crimes, an official from the Thailand Development Research Institute told a seminar yesterday.

"Only 16 per cent of fined convicts have repeated their offences, while half of the jailed convicts have committed the crimes again," TDRI vice president Somkiat Tangkitvanich said, citing a study done in Germany.

Speaking at an academic seminar held by the Office of Justice Affairs, Somkiat recommended that fines be imposed more actively. Prison sentences should be reserved for grave offences.

In Germany, courts levied fines in cases involving drugs, drunken driving and embezzlement.

"Thefts and burglary are punished by a jail term there," Somkiat said.

Fines should be applied based on the convict's income to ensure that wealthier offenders do not enjoy any advantages, he said. Somkiat complained that fines levied by Thai courts are generally too low.

"Fine amounts should increase in line with inflation," he said.

In Thai prisons, the number of inmates has jumped significantly, from 160,000 in 2008 to 250,000 today.

"Locking up convicts means the government must pay for their food and more. And after they complete their jail term, they find it hard to enter the labour market," Somkiat said. "Many countries now use fines rather than jail terms. Fines have also proved effective in deterring crimes."

Somkiat also recommended the use of community service as punishment.

Speaking at the same seminar, Justice Ministry deputy permanent secretary Chanchao Chaiyanukit said relevant authorities should listen to the voice of people in reforming the justice system.

"If people want to see harsher punishment, we will have to increase penalties and build more prisons," he said.

-- The Nation 2012-08-09

[DP25]

Fines should be applied based on the convict's income to ensure that wealthier offenders do not enjoy any advantage

Good idea, but the problem is many rich people in this country hide their income, so they won't get the fine they deserve while middle class salaried employees would get hammered. Needs to be based on their net worth somehow but they hide that too. Regardless I don't expect it with this government in power, their priorities are pay outs and pardons to the rich not fining them more.

[Thai at Heart]

I am going to check if this is written by the same person who wrote the article claiming that Thailand shouldnt build a train network because it's expensive to maintain.

"Fines should go with inflation".

How about the severity of the crime and ability to pay? And are they honestly trying to compare the Thai prison system and Thai attitude to rehabilitation of criminals with the West.

Note to journalist. Blanket translation of statements from a pooyai without any analysis whatsoever, opens you up to the possibility of ridicule.

Edited August 8, 2012 by Thai at Heart

[ttelise]

Haha, brilliant! I wonder if only those breaking the law responded. I am sure people would like to do away with possibility of a Thai jail sentence. That is some serious deterrent and it also hits the pocket book when you cannot work. Fines have little it no deterrent value what so ever, especially if one has any means. Is this stuff for real or an ongoing April Fools joke. Either that or they are trying to avoid the cost of having to build more prisons by promotion of some ridiculous proposition.

Edited August 9, 2012 by ttelise

[Thai at Heart]

Haha, brilliant! I wonder if only those breaking the law responded. I am sure people would like to do away with possibility of a Thai jail sentence. That is some serious deterrent and it also hits the pocket book when you cannot work. Fines have little it no deterrent value what so ever, especially if one has any means. Is this stuff for real or an ongoing April Fools joke. Either that or they are trying to avoid the cost of having to build more prisons.

No it's The Nation

[Reasonableman]

Haha, brilliant! I wonder if only those breaking the law responded. I am sure people would like to do away with possibility of a Thai jail sentence. That is some serious deterrent and it also hits the pocket book when you cannot work. Fines have little it no deterrent value what so ever, especially if one has any means. Is this stuff for real or an ongoing April Fools joke. Either that or they are trying to avoid the cost of having to build more prisons by promotion of some ridiculous proposition.

Must agree. Court judgments other than imprisonment go largely ignored and unenforced by the courts or the police. When court judgments are ignored, the plaintiff must spend more time, effort and money on the process of trying to assure enforcement, usually without success. An absurd system of justice that penalizes the wronged, not the wrongdoer, in many cases.

Edited August 9, 2012 by Reasonableman

[maidu]

Suggest: Combination fines AND prison. Fines in Thailand are comparatively low and borderline jokes. Example: often Bt.2,000 for a serious crime. If they're a deterrent, good. Overall, Thai justice is very subjective, predicated on a person's status.

[OzMick]

Fines should be applied based on the convict's income to ensure that wealthier offenders do not enjoy any advantage

Good idea, but the problem is many rich people in this country hide their income, so they won't get the fine they deserve while middle class salaried employees would get hammered. Needs to be based on their net worth somehow but they hide that too. Regardless I don't expect it with this government in power, their priorities are pay outs and pardons to the rich not fining them more.

Rather easy to overcome. Have those convicted declare their assets before sentence is handed down, and any assets they "forget" to declare be subject to seizure and forfeiture.

[AleG]

It's quite pointless to argue about what the best punishment may be if things seem to seldom get to that stage on a regular basis.

[jaltsc]

Fines should be applied based on the convict's income to ensure that wealthier offenders do not enjoy any advantage

Good idea, but the problem is many rich people in this country hide their income, so they won't get the fine they deserve while middle class salaried employees would get hammered. Needs to be based on their net worth somehow but they hide that too. Regardless I don't expect it with this government in power, their priorities are pay outs and pardons to the rich not fining them more.

Rather easy to overcome. Have those convicted declare their assets before sentence is handed down, and any assets they "forget" to declare be subject to seizure and forfeiture.

Not as easy as you make it sound. The rich will make sure that the process stops well before there is even a trial, let alone a sentencing phase.

[belg]

in my home country, bag grabbers often have 20-50 convictions and still make the streets the next minute after they get cought .... police catch them, 'in'justice release them because no place available, and the taxpayers, they can deal with being a victim and being terroristed by the same scum roaming the streets making the scum feeling master of the area... remind me of an old "death wish" movie situation

[samjaidee]

Fines should be applied based on the convict's income to ensure that wealthier offenders do not enjoy any advantage

Good idea, but the problem is many rich people in this country hide their income, so they won't get the fine they deserve while middle class salaried employees would get hammered. Needs to be based on their net worth somehow but they hide that too. Regardless I don't expect it with this government in power, their priorities are pay outs and pardons to the rich not fining them more.

Rather easy to overcome. Have those convicted declare their assets before sentence is handed down, and any assets they "forget" to declare be subject to seizure and forfeiture.

So, your answer was presuming a new system all fines are related to income. Does that mean that when I get fined for Drinking & Driving I will have to declare everything I own, down to the 20 year old Honda Dream and Corrugated Iron shack before I'm sentenced or is that rule only for rich people? I wouldn't like to be given the task of finding a system that works in Thailand.

[jerrysteve]

The legal system here even makes the word corruption look like an angel!