A Study of guidelines for the Imposition of Punishment on the Legal Entity in the Code of Criminal Law

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Wittaya Benjathikun


Thailand has problems imposing the criminal punishment of the juristic person who commits crime on several counts such as problems concerning the punishment and its effects on the juristic person, problems relating to the consistency of the punishment and the objective of punishment, and problems pertaining to the types of punishment. As compared with laws in some developed countries, the researcher has found that in those countries the imposition of criminal punishment of the juristic person is far different from the punishment of the natural person and the type of punishment is suitable for the juristic person. From the researcher’s perspective, it necessitates investigating the following: problems pertaining to nature of the criminal punishment of the juristic person as well as the appropriate guidelines for use in enacting the law in Thailand; and the drafting of bills to revise the current Criminal Code with an eye to imposing the criminal punishment of the juristic person in a unique way separated from the punishment of the natural person. These ideas are based on the assumption that the suitability of the punishment and the consistency with the objective of the punishment would bring about highly efficient punishment and would help deter the juristic person from committing crime.


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