THE PROBLEM OF COMMITTING CRIMES RELATED TO ACCEPTING BRIBES FROM FOREIGN GOVERNMENT OFFICIALS

Abstract

This research article aimed to 1) Study the history, concepts and theories, meanings, causes of bribery and criminal penalties, 2) Compare Thai and foreign laws related to bribery, 3) Analyze the problems of Thai law on bribery of juristic persons regarding criminal penalties, and 4) Propose guidelines for amending Thai laws to be effective against corruption laws of government officials. This was a qualitative research using the document method. The researcher had collected data from all relevant documents from various laws, Thai and foreign languages, books, articles, research, other academic documents, and information from the internet. The data were analyzed using content analysis.

The results found that: 1) The concepts and theories on bribery that had an important impact on criminal acts in Thailand included the theory of corruption, namely the triangle theory of corruption, the theory and causes of criminal acts, the theory and objectives of punishment, and the theory on the causes of criminal acts of transnational organized crime, 2) The current law on bribery in Thailand was the Organic Act on the Prevention and Suppression of Corruption B.E. 2561 and the Criminal Code. The United States, the United Kingdom of Great Britain and Northern Ireland, and the Republic of France use the Criminal Code, 3) The problem found was that the Organic Act on the Prevention and Suppression of Corruption B.E. 2561 still defined the definition and penalties, as well as the statute of limitations for prosecution, and 4) Suggesting solutions to the problem was to amend the criminal law to be more comprehensive and appropriate for the greatest benefit of the justice process.