PROBLEMS IN INTERPRETING FORCED LABOR OR SERVICES IN HUMAN TRAFFICKING CASES ACCORDING TO THE PREVENTION AND SUPPRESSION OF HUMAN TRAFFICKING ACT 2008

Abstract

This research article on the problem of interpreting forced labor or services in human trafficking cases according to the Prevention and Suppression of Human Trafficking Act 2008 has the objective of studying and finding solutions. The problem of defining human trafficking involves interpreting the meaning of forced labor or services in Thailand, which is likely to be insufficient. This is because there are still issues: 1) Defining the meaning that is still a problem in using human trafficking legal measures regarding forced labor or services in Thailand. 2) Guidelines for using human trafficking legal measures regarding forced labor or services in Thailand. Forced labor or services of Thailand and foreign countries and the concept of the United Nations Convention against Transnational Organized Crime 2000, Article 3 (a), regarding the official issue of forced labor or services. 3) What approach should be used to solve the problem of interpreting forced labor or services so that they are consistent and appropriate?

The results of the study 1) found that the use of legal measures to define offenses of human trafficking, forced labor or such services in Thailand Emphasize as specified in the Prevention and Suppression of Human Trafficking Act 2008, Section 4 together with Section 6, which has previously been decided according to Supreme Court Judgment No. 13648/2015, Supreme Court Judgment No. 71/2019 that the perpetrator must commit the act by clearly meets the conditions of compulsion and coercion under Section 4 only, even though if the facts are considered using the principles of common sense, The perpetrator should probably have known or realized that Victims will definitely be taken advantage of by such forced labor or services. 2) It was found that there are differences in the use of human trafficking legal measures regarding the interpretation of forced labor or services in foreign countries, which Whether foreign countries have common law concepts or civil law concepts, they all have the same direction. For the most part, the law and judgments determine the guidelines: If the perpetrator should have known or was aware that The victim is likely to be taken advantage of through forced labor or services, which is considered rape and coercion, which is an offense of human trafficking, forced labor or services, which is consistent with the concept of the United Nations Convention against Transnational Organized Crime. 2000, Article 3 (a), especially with regard to issues relating to forced labor or services that Actions that are a form of coercion in any other form through the use of power illegally. 3) It was found that if Thailand had adopted this different concept Especially the words: Including any other forms of coercion or acts of abuse of power. has been revised and added to the law according to Section 4 and Section 6 of the Prevention and Suppression of Human Trafficking Act 2008 of Thailand. It would be wise to make the definition of human trafficking, especially forced labor or such services, consistent with the guidelines for using legal measures in foreign countries because this word can be interpreted to cover participants in wrongdoing who have hidden intentions. Should have known or should have known that victims of human trafficking would be taken advantage of through forced labor or services. This will result in the Thai courts being able to use their discretion in adjudicating cases appropriately. which is considered a consistent and appropriate improvement.