PENALTY LAW : A CASE STUDY OF ABSOLUTE PRISONERS RIGHT TO THE ADMINISTRATION OF THE PROPERTY WAGES AND REMUNERATION

Abstract

This research aimed to: 1) review the history, concepts, theories, and research studies related to penalty enforcement law with an emphasis on rights to manage properties and incomes for prisoners,2 ) conduct a comparative study on rights to manage properties and incomes for prisoners between Thai and international laws, 3) analyze problems of penalty enforcement and 4) propose guidelines for the improvement of laws related to rights to manage properties and incomes for prisoners. This research employed qualitative methodology. Data were collected through documentary research in which concepts, laws, and regulations related to rights to manage properties and incomes for prisoners were reviewed.

The results revealed that the penalty enforcement law was problematic since prisoners’ rights over their properties were not protected; remaining pays incurred during their prison terms were not paid to the owner if he had been released. In addition, problems of the protection of their rights to spend money during their prison term and their public work rights were found. The research recommended an amendment in section 63 of the Correction Act B.E.2560 (2017) in consistence with that enacted in Finland allowing prisoners to receive their properties after their prison term. The research also recommended the implementation of flat or hourly rate pay or performance-based pay in Thai prisons to pay wages to prisoners. This measure is implemented in Finland. Finally, legal amendments in terms of minimum requirements for inmates should be conducted to meet international standards.