The Issues in The Enforcement of Criminal Penalties under Section 22 of The Export and Import of Goods Act B.E. 2522

Abstract

This independent study examines the legal issues surrounding the enforcement of criminal penalties under section 22 of the Export and Import of Goods Act B.E. 2522. The research investigates the appropriateness of criminalizing conduct of a purely regulatory nature under this provision and explores the potential for replacing such criminal sanctions with administrative and regulatory fines. The analysis is grounded in various theoretical frameworks, including the principles of criminal punishment, decriminalization, administrativization, and regulatory sanctioning. Comparative legal perspectives from foreign jurisdictions are also considered. This study finds that the offense under section 22 constitutes a regulatory or technical violation rather than a serious crime that causes substantial harm to society. As such, the imposition of imprisonment or criminal fines is unlikely to be proportionate or effective. The provision appears to be outdated and may no longer be necessary under the current legal and social context. In response, this study recommends that the effectiveness of the Export and Import of Goods Act B.E. 2522 be re-evaluated. It further recommends amending section 22 to replace criminal penalties with administrative fines, and amending section 39 of Act on Imposition of Regulatory Fines B.E. 2565 to permit the application of regulatory fines as a substitute for criminal liability under section 22.