Some observations on the Act on Imposition of Non-Criminal Regulatory Fines, B.E. 2565 (2022)

Abstract

Thailand is facing over-criminalization, leading to an overcrowding of correctional facilities with prisoners exceeding their capacity. The reason behind criminal justice being unsuitable for certain types of criminal offenses is that perpetrators committing non-severe offenses are often punished under Section 18(2) of the Penal Code. This punishment is disproportionate to the offenses committed. Additionally, the names of the perpetrators will be recorded on the criminal record. Thailand has adopted the concepts of non-criminal regulatory fines or 'Pinai offense' from foreign countries such as Germany and Italy. This involves transforming certain laws that originally punished criminal offenses and administrative offenses with fines, into Pinai offenses. There exists the Act on Imposition of Non-Criminal Regulatory Fines, B.E 2565 (2022) that applies to perpetrators who commit non-severe offenses only punishable by a fine, which is specified in Annex 1-3 of the Act. Under the Act, perpetrators is subject to a so-called ‘Non-Criminal Regulatory Fine (Pinai fine)’. This article aims to present the meanings of perpetrators and Pinai fines under the Act, the authority having the power to initiate a Pinai offense, the process of initiating a Pinai offense, and the settlement of a Pinai offense. It also recommends that all relevant authorities and people should have knowledge and a good understanding of the Act. The Act may be considered a new law that elevates the standard of Thai law to be equivalent to that of the international community.