Depriving Human Rights of the Thai people in Accordance with the Constitutional Provisions through the Punishment Issues of the Military Discipline ACT,B.E.2476

Abstract

This academic article has the objective of To study military discipline governing according to military tradition, violation of military discipline, and the process of military disciplinary punishment according to the Military Discipline Act, B.E. 2476 (1933), as well as the punishment for committing disciplinary offenses, detention, confinement, or imprisonment in this provision, which deprives soldiers of their human rights in life and body, which are basic rights according to the Constitution of the Kingdom of Thailand.It was also found that in this provision, the criteria for considering punishment for offenses have not been clearly specified. When a disciplinary offense occurs, A method of comparing crimes committed by orders or other military customs will be used in consideration. From the study, it was found that when commanders issue orders and punish soldiers under their command, there may be problems that are inconsistent with military disciplinary offenses. In addition to disciplinary punishment, the military also has penalties for other administrative actions. which is characterized by overlapping punishment for a single offense In addition, every military disciplinary punishment order, whether it is detention or imprisonment, is a military disciplinary action that cannot be filed in an administrative court. Therefore, it is seen that the said Act should be revised and amended to be appropriate and consistent with the present era, which is more complicated than in the past.