LEGAL PROBLEMS ON THE IMPLEMENTATION OF ARTICLE 78 OF THE THAI PENAL CODE IN REDUCING PENALTY WITHOUT TAKING INTO CONSIDERATION OF THE DEFENDANT'S WICKEDNESS

Abstract

This research article aimed to 1) study the origins, principles, and notions provided regarding the reduction of the punishment inflicted on the defendant where there is an extenuating circumstance according to article 78 of the Thai Criminal Code, 2) analyze and compare the principles of sentence reduction of Thai land, Germany, France, United States and United kingdom, 3) study the legal problems regarding the judicial discretion to apply the unfavourable facts or viciousness of the defendants in considering the sentence reduction, 4) suggest to amends Article 78 of the Thai Penal Code in order to set the punishment rate up to a more appropriate degree, and 5) improve the law enforcement and crime prevention to be more effective. Methodology is qualitative research conducted using the documentary research method, study textbooks, articles, and research in Thailand and abroad, including the laws related to the reduction of the punishment inflicted on the defendant where there is an extenuating circumstance to obtain information that can be a guideline and suggestions in proposing amendments to the penal code. According to the research, it found that 1) the courts have currently applied Article 78 of the Thai Criminal Code to reduce the punishment to be inflicted on the defendant by one-half in almost every case. 2) Provision Article 78 does not stipulate the law allowing the courts to apply the unfavorable facts of an offender to consider sentence reduction. 3) A one-half reduction in punishment causes disproportionality in sentencing for an individual offender and leads to law enforcement inefficiency. 4) This thesis will propose guidance to amend Article 78 of the Thai Penal Code by enabling the courts to apply unfavorable facts of a defendant in considering the extenuating circumstances in order 5) if determining a proportionate and reasonable sentence for an individual offender, it will enhance law enforcement and crime prevention to be more efficient.