Thai justice: Next decade a tough one for the law; needs 'major reform'

[webfact]

Next decade a tough one for the law; needs 'major reform'
THE NATION

CHANGES IN SOCIETY WILL ALSO DEMAND CHANGES IN JUSTICE SYSTEM, SEMINAR HEARS

BANGKOK: -- CHANGES in the law are needed to support the development of Thailand's judicial process over the next decade when the Kingdom will become an aged - and more troubled - society, a researcher from the Thailand Development Research Institute (TDRI) predicted yesterday.

The country will experience labour shortages and see more criminal and terrorist activity on the Internet, said Jakkrit Kuanpoth, economic-law research director at the TDRI.

He was speaking at a seminar on Thai justice and its preparedness for the next 10 years, hosted by the TDRI and the Office of Justice Affairs.

Jakkrit said Thailand should adapt to such changes by reviewing and amending laws such as the civil code and the criminal code.

"Some criminal offences will have to be revoked, while the police force should speedily be reformed and its manpower increased," he said, adding that public's law-abiding awareness should be instilled from childhood.

As traffic laws were the most violated ones, he suggested the use of technology and the private sector's participation to lessen the workload of state officials.

Jakkrit said other laws should be amended to boost Thailand's competitiveness amid the regional free-trade scenario.

Constitution Court Judge Charan Phakdithanakul admitted it was time for major reform, which would need solid driving forces to propel it forward successfully.

He said the Justice Ministry could be a leading agent for such reform, provided that accommodating channels were in place - a matter that should be seriously discussed later.

Charan concurred with TRDI suggestions for legal amendments, especially on improving the courts' expertise so trials could better fit the cases' circumstances.

Pointing out the country's current disunity and many narrow-minded people whose aims were for self-benefit, Charan said it was not an ideal condition for the quality development of the judicial system.

"I've seen some civil servants fired for corruption but then landing MP positions under a major political party's banner. It shows that our political system lacks screening that such persons can get through. Once they are in, it is difficult to get them out. The horrible thing is these people worked on top of civil servants," he said.

Charan called for senior political figures not to support individuals with extreme ideologies and corrupt attitudes gaining roles in Thai politics.

As politics is the country's major source of power, if this system were broken it would be difficult for the country to move forward, he said.

Source: http://www.nationmultimedia.com/national/Interior-officials-get-new-posts-30268434.html


-- The Nation 2015-09-09

[jaidam]

Selling the chief of police position to yet another dodgy billionaire as happened last month is not indicative of a serious will to change IMO. Having said that, nothing could be as bad for the image of Thai justice as our Somyot has been - slight silver lining in an otherwise depressing and hopeless situation.

[BSJ]

"As traffic laws were the most violated ones, he suggested the use of technology and the private sector's participation to lessen the workload of state officials."

Private sector police! How about getting the RTP to do it's job properly!

[cooked]

Automated technology will lead to a disruption of the tea money system which is such an essential part the law enforcement.

[Somtamnication]

The military needs reforming as well.

[jerojero]

Yes more law changes... Add more laws that won't be equally enforced. RTP overhaul is needed first.

[MZurf]

Without a total overhaul of the judiciary, law enforcement and military this country cannot move forward. But to do this there has to be a group of people in charge at the top who wants what's best for the country AND the power to see the reforms through. Fat chance that that's going to happen anytime soon.

[craigt3365]

Without a total overhaul of the judiciary, law enforcement and military this country cannot move forward. But to do this there has to be a group of people in charge at the top who wants what's best for the country AND the power to see the reforms through. Fat chance that that's going to happen anytime soon.

Singapore did a great job reducing corruption. Unfortunately, the powers to be here don't really want change. And as you say, that's what's required for something to be done.

http://www.businessinsider.com/why-china-should-study-singapores-anti-corruption-strategy-2012-12?IR=T&

I love this quote from the article:

Lee made it clear that "it's far better to suffer the embarrassment and keep the system clean for the long-term, than to pretend that nothing has gone wrong and to let the rot spread," after a rare corruption scandal surfaced this year.

[Acharn]

Yes more law changes... Add more laws that won't be equally enforced. RTP overhaul is needed first.

Somewhere in the Tao Te Ching, the sage Lao Tze wrote that the more laws you make, the more law-breakers you make. It's a feature, not a bug.

[Seastallion]

1. Re-write the defamation law with two major changes; a. Make it a civil matter, not criminal, with the onus on the plaintiff to prove his charge, and b. Define defamation as telling lies. The truth should trump someone's delicate sensibilities.

2. Re-write the lesse majeste law so that it can not be used as a political tool.

3. Educate the public on corruption and how it's bad in the long run. Reward and protect anyone for reporting corruption or abuse of power. Substantial rewards will pay off when one considers how much corruption costs the country and simply lines the pockets of the already-rich.

Instilling law-abiding behaviour in children is correct, but useless until the police enforce the laws, the judiciary are impartial, and the laws protect everyone, right down to the little old lady collecting mushrooms in the forest, and punish everyone, not just a slap on the wrist with a wet bus ticket for rich or influential people.

[ourmanflint]

I think the most serious problem Thai society has right now is the ineffectiveness and neutrality of its legal system. Every citizen in Thailand should be treated the same under the eyes of the law, but we all know this is not the case. The law needs to be applied systematically and fairly. The police should be involved in apprehending wrong doers only, they should not be allowed to do re-enactments or anything else until the accused have actually been to court to be found guilty. Sentences for crimes should be applied equally across the country irrespective of criminals status or wealth. This is what is meant by the law has to be blind, it cannot and should not ever be influenced by anyones position in society, and neither should its outcomes be influenced by and perceived effect on the economy, both local and national.

"Since the 15th century, Lady Justice has often been depicted wearing a blindfold. The blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favour, regardless of money, wealth, power, or identity; blind justice and impartiality." Wikipedia

It is appalling that those that have been in power in Thailand have purposely ignored this simple quality of law, implementing it would by itself bring about a radical change.

[z42]

Where to start. It is such a huge mess and actually appears to be getting worse. The cops have zero respect & that comes from being dishonest and inconsistent in their enforcement.

It is truly shocking that they are often used as lackeys for those rich and powerful few to cover up or mismanage investigations to create even more confusion.

The defamation laws have to go. And must have basis set in fact rather than just be allowed to be filed by crooks who are on the defensive. Think banyin from the chuwong case and suachai from the academic scandal this week as 2 recent examples. They just threaten defamation suits to attempt to direct scrutiny from them.

Sick and wrong. There is little hope because of the deeply ingrained culture and even more deeply rooted status quo

[farangmick]

The military needs reforming as well.

With officers pay starting at around 12,000 baht per month for 2nd Lt and rising to 20,000 for Lt. Col. (don't know higher ranks pay), wouldn't you be looking to boost your income? As for other ranks, a squaddie friend with three years in, gets 3,400 baht. Pretty crap, even with food and board thrown in.

[MaxLee]

Start at the top, where influential people, celebrities and the spoilt brats can get away with EVERYTHING INCLUDING MURDER....

[Acharn]

1. Re-write the defamation law with two major changes; a. Make it a civil matter, not criminal, with the onus on the plaintiff to prove his charge, and b. Define defamation as telling lies. The truth should trump someone's delicate sensibilities.

Under present law demonstration of the truth of the contested statement is already a defense. Same as in other countries. Officials don't want to give up the additional penalties of a criminal offense because it us too useful as a political weapon.

2. Re-write the lesse [sic] majeste law so that it can not be used as a political tool.

55555! You make the comedy.

3. Educate the public on corruption and how it's bad in the long run. Reward and protect anyone for reporting corruption or abuse of power. Substantial rewards will pay off when one considers how much corruption costs the country and simply lines the pockets of the already-rich.

Instilling law-abiding behaviour in children is correct, but useless until the police enforce the laws, the judiciary are impartial, and the laws protect everyone, right down to the little old lady collecting mushrooms in the forest, and punish everyone, not just a slap on the wrist with a wet bus ticket for rich or influential people.

Thai people are quite aware of the effects of corruption, thank you. There is an old saying, "Teach a crocodile to swim." You know, the Sheriff of Nottingham was enforcing the laws (strictly, too), it was Robin Hood who was breaking them.

[Acharn]

I think the most serious problem Thai society has right now is the ineffectiveness and neutrality of its legal system. Every citizen in Thailand should be treated the same under the eyes of the law, but we all know this is not the case. The law needs to be applied systematically and fairly. The police should be involved in apprehending wrong doers only, they should not be allowed to do re-enactments or anything else until the accused have actually been to court to be found guilty. Sentences for crimes should be applied equally across the country irrespective of criminals status or wealth. This is what is meant by the law has to be blind, it cannot and should not ever be influenced by anyones position in society, and neither should its outcomes be influenced by and perceived effect on the economy, both local and national.

"Since the 15th century, Lady Justice has often been depicted wearing a blindfold. The blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favour, regardless of money, wealth, power, or identity; blind justice and impartiality." Wikipedia

It is appalling that those that have been in power in Thailand have purposely ignored this simple quality of law, implementing it would by itself bring about a radical change.

I don't know much about how the English justice system is working right now. The American system is not doing too well. We are definitely in the state of offering the best justice money can buy. Had a case recently, a teenage kid, driving his pick-up truck drunk, ran into another vehicle. Three dead. He got a year's probation because the judge decided he suffered from "affluenza;" he grew up in a super-rich family and so was taught from childhood that rules did not apply to him. In general, if you're poor (by poor I mean earning less than $50,000 a year), you will depend on an attorney hired by the government (called a public defender) who is paid very little, has no resources, and is probably trying to handle about 200 other cases at the same time. The prosecutor will probably charge you with at least 35 felonies, the least of which will send you to jail for five years, and will offer you a deal if you plead guilty. 95% of all cases are settled by guilty pleas. I think the percentage is rising. That's one reason we have 3 million people in prisons and jails. I would not presume to lecture the Thai people on how they handle their justice system.

Edited September 9, 2015 by Acharn

[Praematura]

Thai justice is an oxymoron. This is one country that is so totally broken it can't be reformed. I can't think of one area that operates without immense corruption.

[billd766]

Without a total overhaul of the judiciary, law enforcement and military this country cannot move forward. But to do this there has to be a group of people in charge at the top who wants what's best for the country AND the power to see the reforms through. Fat chance that that's going to happen anytime soon.

It hasn't happened since 1932 so why would you expect it to happen now?

?

[MZurf]

Without a total overhaul of the judiciary, law enforcement and military this country cannot move forward. But to do this there has to be a group of people in charge at the top who wants what's best for the country AND the power to see the reforms through. Fat chance that that's going to happen anytime soon.

It hasn't happened since 1932 so why would you expect it to happen now?

?

Uhh...I don't.

[Thai at Heart]

The system is completely bust and can be bought. And he says it's tough for a decade. It's tough tomorrow if your in the clink with no cash.

[MaiChai]

So many things wrong, where to start? Look at Prayut; sure he had good intentions in the beginning, but there so many things that need fixing. Thailand: a hopeless case. Thankfully ordinary Thai folks are great people.

[Seastallion]

1. Re-write the defamation law with two major changes; a. Make it a civil matter, not criminal, with the onus on the plaintiff to prove his charge, and b. Define defamation as telling lies. The truth should trump someone's delicate sensibilities.

Under present law demonstration of the truth of the contested statement is already a defense. Same as in other countries. Officials don't want to give up the additional penalties of a criminal offense because it us too useful as a political weapon.

2. Re-write the lesse [sic] majeste law so that it can not be used as a political tool.

55555! You make the comedy.

3. Educate the public on corruption and how it's bad in the long run. Reward and protect anyone for reporting corruption or abuse of power. Substantial rewards will pay off when one considers how much corruption costs the country and simply lines the pockets of the already-rich.

Instilling law-abiding behaviour in children is correct, but useless until the police enforce the laws, the judiciary are impartial, and the laws protect everyone, right down to the little old lady collecting mushrooms in the forest, and punish everyone, not just a slap on the wrist with a wet bus ticket for rich or influential people.

Thai people are quite aware of the effects of corruption, thank you. There is an old saying, "Teach a crocodile to swim." You know, the Sheriff of Nottingham was enforcing the laws (strictly, too), it was Robin Hood who was breaking them.

"Officials don't want to give up the additional penalties of a criminal offense because it us too useful as a political weapon."

That's one point for making a change. As a criminal offense, anyone can simply level an accusation, file a charge, and tax-payers paid prosecutors take over. Frivolous suits cost the "hurt" party nothing.

Thai people (generally) are not aware of the long term consequences of free-for-all corruption.