The Inequality in the Justice System Relating to the Natural Resources and Environmental Cases in Thailand

Jidapa Pornying, Rinyapath N. Songkhla

Abstract

This article studies the inequality in justice system of the offenders who are poor people and disadvantaged people that is a kind of case Invade forests, do agriculture, collect firewood, find forest products, collect various plants To make a living, most of the offenders are the poor or the disadvantaged to make a living. When prosecuted, have to raise money or bail securities to defend the case. Otherwise, they must be detained, waiting to be prosecuted according to the judicial process until the final case.

          The study found that poor or disadvantaged offender in the case of natural resources and environment,with criminal penalties and imprisonment for not exceeding five years which is not deemed a severe penalty, should be granted for provisional release by using the innovation, Electronic Monitoring (EM), to provide the administration of justice for people and poor offender who lacks of assets, security or money to apply in the court for provisional release or applying for provisional release with the public prosecutor until the case is finalcreating fairness, and accessing justice system. To prevent offences committed by such people, therefore, the government should allocate lands for poor and disadvantaged people to earn their livelihood as their rights guaranteed by the Constitution of the Kingdom of Thailand B.E.2560, Section 72 and Section 73. This is complying with the Twelfth National Economic and Social Development Plan (B.E.2560 - 2564) and the National Strategy 20 (B.E.2560-2580) which are the major country’s development plans for sustainability of reducing inequality.