Problems and Obstacles in Enforcing Organic Law on the Forest B.E. 2484 (A.D.1941)

Abstract

This article aimed at studying the problems and obstacles in the enforcement of criminal punishment under the Forest Act 1941 regarding penalties towards probation, suspension and punishment on conspiracy in committing forest-related offenses. The study found that the Forest Act 1941 stipulated high penalties in order that the perpetrators dared not to commit. However, the court might use discretion for suspended sentence. The determination of penalties took place if only the specified conditions were met but the determination was without conditions for planting, restoring, protecting and maintaining the forest and no penalty were given for the conspiracy in committing an offense. This had made the forest protection and conservation less efficient than it should have been.

            The results of the study therefore suggested that forest offenders should be appropriately imprisoned. In probation for every case by restoring, protecting and caring for the forest, the inmates receiving probation should have the same conditions for the imposition of penalties for those who conspired to commit an offense.