PUNISHMENT ISSUES RELATED TO VIOLATIONS OF THE MILITARY DISCIPLINE ACT, B.E. 2476

Abstract

The purpose of this research was to examine punishment issues related to violations of the Military Discipline Act, B.E. 2476 as a guide to improve and solve problems related to redundant and unclear Thai military disciplinary actions, to develop laws in accordance with current conditions, and to account for the rights and freedoms of the military. By reserching a qualitative and included the investigation of legislation pertaining to the discipline of military officials, other public employees, and foreign military disciplines, as well as research papers, rules, orders, regulations to bring the data to be analyzed. The findings have revealed that the regulations outlined in the penalty segment of the Military Discipline Act B.E. 2476 exhibit incongruity with the perpetration of a military disciplinary violation. In cases where disciplinary measures are implemented, there exist provisions that permit the imposition of additional administrative actions in conjunction with the principle of dual punishment for a singular violation. Furthermore, it has been determined that there was a lack of established criteria for distinguishing between serious disciplinary offenses and non-serious disciplinary offenses. In the event of disciplinary violations, a comparative analysis of the offenses was conducted by taking into account various military customs such as orders and books. The penalties prescribed in this Act were also considered, ensuring that they are both commensurate and proportionate to the violations of discipline committed. The need for revision of the Military Discipline Act, B.E. 2476 has been suggested with regards to the punishment system. This includes the establishment of clear criteria for distinguishing between serious and non-serious disciplinary offenses, as well as ensuring that the punishment is proportionate to the severity of the offense. Such revisions are necessary to ensure compliance with the rule of law principles, which are fundamental components of the Constitution and safeguard individual rights and freedoms. Which will result in the Military Discipline Act B.E. 2476, which is the main tool used to control the command of the military for maximum efficiency.