Problems of Criminal Liability for Implementation of Discretion of Government Officer to Issue an Identification Card and Adding a Name to Civil Registration

Abstract

This research paper aims to 1) study the exercise of discretion of government officials as to adding a name to the civil registration and issuing an identification card, 2) study the discretion of officials as to selecting evidence proving the acquisition of Thai nationality of an applicant for adding a name to the civil registration and issuing an identification card, 3) study the criminal liability of the officials as to adding a name to the civil registration and issuing an identification card illegally and the exercise of discretion of officials as to selecting evidence proving the acquisition of Thai nationality of an applicant for adding a name to the civil registration and issuing an identification card and 4) propose a solution to the criminal liability due to the exercise of discretion of government officials as to issuing an identification card and adding a name to the civil registration. This study is the qualitative research by conducting the documentary research and carrying out the in-depth interviews with the Deputy Provincial Governor, the Deputy District Chief of Civil Registration, the legal scholars and people who do not have an identification card.

The study found the problem of the exercise of discretion as to identifying evidence for identity verification, the problem of imposing punishment of relevant officials and the problem of preparing the record of people without registration status. To solve these problems, the government agencies should have a budget for genetic testing and ensuring that all registration offices enforce the same standard by accepting a genetic result as main evidence. To determine evidence, the Civil Registration Act, B.E. 2534 (1991) should be amended and the preparation of person record and identification card of persons without registration status should apply the same guideline.