The Liability from Using Discretion in Issuing Disciplinary Orders Officials Illegally: A Case Study of University Pibulsongkram Rajabhat

Abstract

          This thesis examines the legal liability of law enforcers within the context of the organization at Pibulsongkram Rajabhat University, focusing on unilateral intent to establish legal relationships and duties. It emphasizes the importance of discretionary power because internal laws cannot cover every situation. Granting discretion to state officials is necessary to apply the law flexibly and in line with specific facts. This allows state officials to exercise power without interference to achieve the law’s objectives and ensure case-specific justice.                 Misuse of discretion differs from general improper use of discretion in that it involves administrative acts that do not align with the law's intent, aiming for personal gain or public benefit not stipulated by the law. If done with corrupt or malicious intent, such misuse is severe and can lead to criminal liability, according to principles from England and France.

However, establishing criminal liability for misuse of discretion is complex. It requires determining the true intent and motivation of the actor, which are internal elements of criminal offenses, necessitating substantial evidence. Additionally, factors in substantive and procedural criminal law, and court interpretations, significantly impact prosecuting state officials who misuse their discretionary power.