The Issue of Public Official Bribery Offence against Legally Protected Interest

Abstract

Understanding of Criminal Offences decision takes more than the knowledge of Criminal Liability Structure and Thai Criminal Code. What usually neglected was the comprehension of Legally Protected Interest (As stated in German Law as “Recthsgut”) which was the Spirit of Law concerning the incorporeal ideas beyond legal provisions. By considering the precedents of Thai Supreme Court against Article 144 of Criminal Code regarded Bribery Offence of Public official, the interpretation of law of Supreme Court decisions were mostly based on Literal Rule instead of Legally Protected Interest. This article explores What “Legally protected Interest” actually is and How it works including the differences between Buddhism’s Virtue and “Rechtsgut”. The studies found the enforcement and interpretation of Public Official Bribery Offence were unable to implicate the convicts in some cases because of how it was written. Hence, the Author suggested the solution using the perspective of Legally Protected Interest.