COUNTRY REPORT ~ THAILAND
Somphop Rujjanavet*
I. GENERAL SITUATION OF THE CRIMINAL JUSTICE SYSTEM
A. The Thai Constitution B.E. 2540 (1997)
It might be said that it was not until 1891, during the reign of King Rama V, that the criminal justicesystem in Thailand was applied in the same way as Western countries. The major reform of the justicesystem, however, occurred subsequent to the enforcement of the Thai Constitution B.E. 2540 (1997). As aresult, the Thai Constitution B.E. 2540 (1997) decreed the Court an independent public agency separate
from the Ministry of Justice. In the case of the Department of Corrections, this is administered by the
Ministry of Interior.
B. The Bureaucracy Reform in 2002
In order to enhance the role of the Ministry of Justice on rights and liberties protection, crime prevention
and rehabilitation of offenders, including legislation development, the Bureaucracy Reform was introduced in
2002. As a result of the bureaucracy reform, the Department of Corrections was transferred to the Ministryof Justice in October 2002 after having been under the administrative chain of the Ministry of Interior for 69
years. Also, the Office of the Narcotics Control Board has been transferred from the supervision of thePrime Minister to the Ministry of Justice. In addition, new agencies in the justice system have been
established such as the Office of Justice Affairs, Special Investigation Department, Rights and Liberties
Protection Department and the Central Institution of Forensic Science. The principle objective ofstreamlining the state bureaucracy is to enable it to function efficiently and transparently with a higher
degree of public accountability. Agencies that perform the same duties are grouped in the same cluster. The
Department of Corrections as a significant unit in the criminal justice system, therefore, has beentransferred and works closely with the Department of Probation and the Department of Juvenile
Observation and Protection under the supervision of the Justice Minister.
Organization Chart of the Ministry of Justice
THE ARBITRATION INSTITUTION
NATIONAL JUDICTAL COMMITTEEMINISTRY OF JUSTICE
THE THAI BAR ASSOCIATIONMINISTER OF JUSTICE
THE LAW SOCIETY OF THAILAND

OFFICE OF THE ATTORNEY GENERALANTI - MONEY LAUNDERING OFFICE

OFFICE OF SECRETARY TO THE MINISTERINTERNAL AUDITING UNITPERMANENT SECRETARYADMINISTRATION DEVELOPMENT UNITOFFICE OF GENERAL INSPECTION COMMITTEEFOR THE MINISTRY OF JUSTICE

DEPUTY PERMANENTSECRETARY (DIRECTINGJUSTICE AFFAIRS GROUP)

DEPUTY PERMANENTSECRETARY (PROMOTINGJUSTICE AFFAIRS GROUP)

DEPUTY PERMANENTSECRETARY / CONTROLLING
AND BEHAVIOUR
DEVELOPING GROUP)

OFFICE OF JUSTICE

SPECIAL INVESTIGATIONRIGHTS AND LIBERTIESOBSERVATION AND

AFFAIRS

DEPARTMENTPROTECTION DEPARTMENTPROTECTION DEPARTMENTLEGAL EXECUTIONFORENSIC SCIENCEPROBATION DEPARTMENTCORRECTION DEPARTMENT

DEPARTMENTINSTITUTIONPERMANENT SECRETARYOFFICE OF THE
PERMANENT SECRETARYOFFICE OF
NARCOTICS
CONTROL BOARD* Penologist 7, Chief of Information and International Conference Section, Department of Corrections, Ministry of Justice,
Thailand.

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Moreover, in the Thai Justice System, treatment of offenders is categorized into several forms which
focus on offenders’ characteristics and the causes of offending. In general, offenders’ treatment may be
divided into Custodial Treatment and Non-Custodial Treatment. Accordingly, it is noted that the latter form
can be put into practice previous to and subsequent to the court hearings.
Nevertheless, both Custodial Treatment and Non-Custodial Treatment, aims to reduce crime rates andre-offending, including returning decent citizens to society.

II. CURRENT SITUATION AND PROBLEMS IN REGARD TO THE TREATMENTOF OFFENDERS
A. Prison Population
During this last decade, the prison population in Thailand has increased dramatically. Especially after theRoyal Thai Government declared the drug prevention and suppression policy in 1998, the number of drug
offences notified to the police has been the number one crime in Thailand. This has lead to a rapid increasein the number of drug offenders in prisons throughout the country. In the past, offences against property was
the highest crime in prisons but since 1996 drug offences have become the highest and has increased
dramatically. Given the Department of Corrections (DOC) statistics, the number of inmates convicted for
drug offences in 2003 was as high as 104,999, nearly four times greater than property crime which ranks insecond place. Approximately 70% of drug offenders were drug producers, sellers and smugglers.
It can be said that Thailand is one of the countries that have a very high ratio of prisoners per population.
Remarkably, in some years there was a collective royal pardon according to the importance of the nation;
when some convicted inmates were released, which slightly decreased the prison population. In 2003, thenumber of prisoners had dropped from 250,000 to around 210,000 because of the Narcotic Addict
Rehabilitation Act B.E. 2545 (2002), which came into force in October 2002. According to the Act, offenders
committing drug-related offences, especially drug users, will be sent to undergo medical examinations andreceive proper rehabilitation and treatment in Drug Rehabilitation Centres of the Department of Probation.
Even though such numbers of prisoners is still considered relatively high, the decreasing number has showna positive trend in the prison population. This significant change is a result of the recognition that
overcrowding is not merely a problem for the Department of Corrections, but is a consequence overall of thecriminal justice system. Therefore, the government has taken the problem of solving prison overcrowding as
corporate policy thereby various agencies, both private and public, have cooperated in trying to solve thisproblem.
Prison Population in Thailand
Year

Male

Female

Total

1994

94,776

8,553

103,359

1995

101,130

9,898

111,028

1996

92,353

10,849103,202*1997

114,389

16,608130,997

1998

141,131

23,320164,451

1999

171,730

31,972

203,702*

2000

157,454

33,087

190,541

2001

204,429

46,424

250,853

2002

204,737

49,333254,0702003

168,523

42,952

211,475* In these years, there was a collective royal pardon.

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B. Overcrowding Problem
Overcrowding is regarded as the most important problem in regard to the treatment of offenders in
Thailand. At present, there are 139 prisons and correctional institutions under the supervision of the
Department of Corrections. Sleeping cells in Thai prisons are common rooms or dormitories. The total
space in the dormitories is 245,033 sq.m. while the standard sleeping area stipulated by the Department ofCorrections is 2.25 sq.m. per person. This standard sleeping area consequently allows 108,904 prisoners.
However, as of 31 March 2004, there were 200,476 prisoners in prisons across the country. It is obvious thatthe number greatly exceeds the sleeping capacity and one can just imagine how tightly packed prisoners
have to sleep. Overcrowding is the cause of many related problems; both to the custodial system and to thephysical and mental status of the prisoners. Indeed, overcrowding is not merely a problem for the
Department of Corrections, but is of consequence to the overall criminal justice system.
C. Main Causes of Prison Overcrowding
There are various factors that lead to higher numbers of inmates in Thai prisons.
1. The Increase of Drug Offenders
The government’s policy on drug suppression: Suppression is carried out by destroying drug production
sources and by arresting drug users and drug dealers. The main sentence imposed on drug offenders is
imprisonment. The more drugs suppressed, the higher the number of drug offenders. Furthermore, thePrime Minister’s Order on Treatment of Drug Offenders which was issued by the Office of the Prime
Minister in 1998 indicated that drug users should receive treatment programmes. On the other hand, drug
dealers should receive severe punishment and should not receive any lenient or commutative pardon. The
order has had a direct effect on drug dealers who have to spend a longer time in prison than other offenders.
This long-term imprisonment is certainly one main cause of overcrowding.
2. The Incarceration of Unsentenced InmatesAmong the total number of the prison population, approximately 30 percent are inmates awaiting
investigation and inmates awaiting trail. Generally, remandees or unsentenced inmates are incarcerated in
Remand Prisons. As for Provincial Prisons, there must be a separate section for remandees, which had
previously been approximately 10 percent of the total capacity. However, at present the number ofremandees represents almost half of the total population. Most prisons are overcrowded. Some have toincarcerate unsentenced inmates together with convicted prisoners due to the lack of facilities.
3. The Frequent Use of Imprisonment in the Thai Criminal Justice System
In Thailand, forms of punishment vary from forfeiture of property, fines, imprisonment to capital
punishment. However, the main punishment is imprisonment. Those who cannot afford to pay a fine are
imprisoned. Imprisonment could be replaced by probation in the case of a first-time offence. Despite
probation, the imprisonment rate is still very high and is imposed for every type of offences including petty
offences, gambling, offences against traffic laws, etc. In short, this over frequent use of imprisonment has
simply aggravated the prison overcrowding situation.

D. Solving the Overcrowding Problem
Overcrowding has long been a problem in Thailand due to an imbalance in the receiving and releasing ofprisoners which is the result of the government’s policy on drug suppression. The Department ofCorrections has tried to solve the problem by expanding sleeping areas within the prisons but this has only
made a slight improvement on the problem. During recent years, the government has recognized the prison
overcrowding problem and has rendered a helping hand. The number of prisoners, which used to be around
250,000 in 2001, was reduced to around 210,000 by 2003. This is the first time in a decade in which a
decrease has been recognized.
However, it cannot be said that this decrease in numbers is the solution to prison overcrowding since thenumber of prisoners is still much higher than total capacity. It may be interesting to see the projects thathave been implemented to lessen the overcrowding problem during the last few years.
1. Rehabilitation of Offenders in Boot CampWith cooperation from the Royal Thai Army, the Department of Corrections has classified some offenders

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to receive rehabilitative programmes in a boot camp. The offenders are given parole and transferred to theboot camp. The programme comprises the Ministry of Public Health’s drug treatment programme, thearmy’s discipline practice, and some agricultural training. Each year, 5,000 prisoners, both male and female,are sent to approximately 40 boot camps across the country, where they attend 3 - 6 months training before
being released on parole.
2. Pre-release Centre Project
Thailand has never had a pre-release centre outside prison; it still does not have one. The pre-releasecentre project operated during 2002 - 2003 uses space in prison camps or open correctional institutions as acentre for pre-release prisoners. The prisoners are given a special parole and are sent to the centre for
agricultural training and pre-release activities for a period of time before a real parole follows. At present,
there are 12 pre-release centres across the country.
3. The Release of Detainees
According to Thai laws, offenders who cannot afford to pay fines are incarcerated in a House of Detention,
under the responsibility of the Department of Corrections. These offenders are poor people that havecommitted petty offences. In 2002, the government decided to pay fines on their behalf which released quite
a number of detainees from prisons. Even though this was an ad hoc approach it effectively resulted in adecrease of offenders at certain levels.
Apart from the above approaches, the Department of Corrections is studying innovations to manage theovercrowding situation as follows:•••

House arrest using electronic monitoring systems
Work release projects
Periodic detention or weekend imprisonment

If these three projects come into practice, it will certainly be a good solution in managing the present
crowded prison system in Thailand. Nonetheless, one undeniable fact is that the prison-overcrowding
problem cannot be solved solely by the Department of Corrections, but needs cooperation from every party
in society. During recent years, though the Thai government has given some assistance, the problem is still
there. There has to be alternatives to imprisonment, the amendment of certain laws so as to lessen thenumber of prisoners or the imprisonment period. One of the most effective approaches is certainly
prevention, which society, family, education and other institutes should play roles to accomplish.

E. Improving Living Conditions in Prisons
In the last decades, overcrowding has been a major obstacle in the improvement of living conditions.
Nevertheless, at the moment, the prison population has considerably decreased as a result of theenforcement of the Narcotic Addict Rehabilitation Act B.E. 2545 (2002). The Department of Corrections,thus, can take advantage of the decreasing numbers to improve living conditions in prisons. The following
are some major issues taken into account by the Department of Corrections to improve the living standardsof inmates in Thai prisons.
1. Sleeping Place
Sleeping cells in Thai prisons are dormitory style, where inmates sleep in rows on a mat or blanket
provided by each prison. There is no fixed standard of sleeping material; therefore, some inmates may get abetter material than others. The Department is now studying whether it would be possible to provide astandard mattress for each inmate, so that at least the inmate can have a good sleeping place while incustody. It is expected that, with a standard mattress given to each inmate, it will prevent the problem ofsome prisoners taking advantage of other prisoners as well as the problem of corruption of prison officers.
2. Kitchen and Food
In order to improve living standards for prisoners, the Department of Corrections require all prisons andcorrectional institutions to make higher quality kitchens and food. To provide hygienic kitchens and goodquality food can help to promote prisoners’ health in general.

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3. Medical Service
In each prison and correctional institution, there is a nursing home that provides basic medical services
for sick prisoners. Those sick prisoners that need long-term treatment are transferred to the Central
Correctional Hospital in Bangkok, which is the only hospital of the Corrections Department. In 2003, theDepartment obtained the budget to construct a new building for the Central Correctional Hospital. This new
facility will be opened and ready to provide medical services to sick prisoners in 2004.
4. Access to Visits
In order to uphold good relationships between prisoners and their families, the Department requires
every prison to hold contact visits for qualified prisoners across the country. In other words, the prisoners’
families are accessible for visits to the prisoners throughout the year instead of once or twice a year as it
used to be. The regulations pertaining to contact visits have been changed to promote more access for visits.
Each prison shall hold contact visits upon its convenience in order to offer opportunities to both prisoners
and their families to meet each other as much as possible.
Improving living condition in prisons seems to be an easy plan and yet a difficult target to achieve. To
make the plan become concrete, the Department of Corrections set a goal that within the year 2004 there
will be at least 20 standard prisons in Thailand where prisoners receive good food, good sleeping places andgood living standards.

III. COUNTERMEASURES CONCERNING THE USE AND APPLICATION OF THE UNITED
NATIONS STANDARDS AND NORMS IN CRIME PREVENTION AND CRIMINAL JUSTICE
Under the Thai Criminal Code, there are five mandatory penalties imposed on offenders comprising of
capital punishment, imprisonment, confinement, fines and forfeiture of property to the state. However, due
to concern for human rights issues, the criteria and approaches of punishment in Thailand have been
consistently put into consideration by the Thai Justice System. It can also be found that laws and legislation,
including several practices, have been developed as significant countermeasures concerning the Use andApplication of the United Nations Standard and Norms in order to vigorously deal with crimes and offending.

A. Penal Punishment
It may be said that at present, there is no punishment which is seen to be cruel or inhumane in Thailand.
Accordingly, a provision in the Thai Constitution B.E. 2540 (1997) affirmed that any brutal or inhumane
punishment to offenders was prohibited. However, the death penalty, is still carried out for offences
categorized as felonies. Therefore, this may undeniably show that the use and application of punishment in
the country conforms to the United Nations Standards and Norms in Crime Prevention and Criminal Justice,particularly the Declaration on the Protection of All Persons from Being Subjected to Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment.
B. The Death Penalty
Whereas Thailand is one of the retentionist countries which still carries out the death penalty, only
offenders who commit offences categorized as felonies are given such severe mandatory penalty.
Furthermore, Thailand has abandoned the firing squad and adopted lethal injection as the new method of
execution since 19 October 2003. Currently, there are 53 convicted inmates that have been sentenced todeath.
Remarkably, execution cannot be carried out due to the appeal procedure of individual royal pardons
submitted to His Majesty the King. In addition, under the Thai law, if the inmate is pregnant at the time of
the crime, an execution cannot be carried out until the inmate has given birth. Likewise, for inmates withmental problems at the time of the crime, the implementation of execution has to be suspended until suchpeople have recovered. More importantly, according to Thai law, the death penalty and life imprisonment forpeople aged under 18 years at the time of the crime will be replaced with a maximum penalty in criminalcases of 50 years imprisonment. In addition, it may be noted that the implementation relating to the death
penalty mentioned above has been carried out in accordance with Safeguards Guaranteeing Protection of theRights of Those Facing the Death Penalty.

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C. Rehabilitation and Treatment of Offenders
Providing vocational training or occupation programmes for inmates is seen as a great form of
rehabilitation. Generally, the Department of Corrections is the agency in charge of such responsibility. Apartfrom offering vocational programmes, the Department of Corrections also provides educational programmes
to inmates. Both vocational or educational programmes aim to assist inmates to enhance their potential,
particularly the opportunity to earn a living upon release.
Recently, the Department of Corrections has developed some new rehabilitative programmes for inmates
before returning them to society. Such new rehabilitative programmes consist of programmes relevant to thefundamental needs of offenders such as education, vocational training, medical services, recreation
programmes and drug treatment programmes and special programmes relevant to special needs of offenders
such as programmes for property-related offenders, sex-related offenders, bodily-harm or life-related
offenders, aged offenders and recidivism prevention programmes.
In cases of treatment of offenders, although the Penitentiary Act B.E. 2479 (1936) determines some main
approaches for inmates’ treatment and rehabilitation, the Department of Corrections has constantly
developed and created many more approaches pertaining to the treatment of prisoners in accordance with
the Standard Minimum Rules for the Treatment of Prisoners, especially focusing on the improvement ofliving conditions in prisons.

D. Probation/Suspended with Conditions
Probation or supervision is viewed as a significant non-custodial measure. According to the Thai Criminal
Code, probation is usually imposed on offenders combined with a suspended sentenced. What is more, it isfound in many cases that an offender who commits petty offences and is sentenced to imprisonment for lessthan 3 years is likely to receive probation or a suspended sentence with conditions. This is because
mitigation factors, such as the offender’s age, behaviour and health, are taken into account by the court. For
example, a person aged under 18 years at the time of the crime is more likely to receive a suspended
sentence with conditions as he/she is still young and also has never committed a crime before.
To augment probation, an Act relating to probation or a suspended sentence with conditions has beenenacted under the Thai Criminal Code B.E. 2522 (1979). Furthermore, the Department of Probation has
been set up to be responsible for enforcement of such sentences on offenders, including inmates who are on
parole or are released with conditions. Then, it may be undeniable that to impose probation or a suspended
sentence with conditions on offenders rather than imprisonment is in support of the United Nations
Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules).

E. Implementation of Non-custodial Measures
Public service or public work is one of the conditions under the period of probation. Recently, due to theamendment of the Thai Criminal Code, offenders may be required to do public work instead of paying fines
to the court. It is noted that to do public work may be a good option which can certainly benefit offenders.
Furthermore, in the near future, another non-custodial measure called ‘home detention’ will be brought into
practice by the Department of Corrections. When home detention is applied, offenders have to wear anelectronic bracelet and be controlled by electronic monitoring by the central control centre. More
importantly, it is believed that to implement non-custodial measures will lessen the prison population andalso help to promote the United Nations Standard Minimum Rules for Non-Custodial Measures.
F. Treatment and Rehabilitation of Drug Offenders
The Narcotic Addict Rehabilitation Act B.E. 2545 (2002), considerably contributes to the positive effects
on the treatment of drug offenders in Thailand. Consequently, drug users and drug dealers are no longer
locked up in the same places because of the Act. In particular, in the case of drug users, they are seen as
patients who need to receive appropriate treatment and rehabilitation in specific institutions rather than bein custody in prisons. Moreover, the Act indicates that in every province, there is a sub-committee
responsible for making a decision upon drug tests of offenders. Then, the sub-committee has to report thedecision and the result of drug tests to a public prosecutor in order to decide prosecution for drug users.
Accordingly, drug users will be sent to receive compulsory treatment and complete rehabilitative
programmes in specific institutions before returning to the community. The enforcement of the Act isdeemed to have led to a decrease in the number of drug-related cases in the courts. Also, it has resulted in adecrease of drug offenders incarcerated in Thai prisons. Thus, to put the Act in force may be the best active
108127TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

strategy to solve drug problems in accordance with the United Nations Standard Minimum Rules for NonCustodial Measures.

G. Implementation of Restorative Justice
It seems that restorative justice has developed and improved upon the traditional criminal justicepractice. That is because in the traditional criminal justice system, it basically conducts and addresses only
offender-oriented services and punishment. The victims, in contrast, are refused involvement in theprocess, although, the rights of victims should actually be promoted and considered. Furthermore, the needs
and roles of victims are usually not taken into consideration. Most victims are ignored or marginalized by thecriminal justice process. Accordingly, some victims have often experienced re-victimization such as in theprocess of police investigation and in the prosecution of the court.
As a result, many benefits, particularly victims’ benefits can definitely be acquired from the concept of
restorative justice. In addition, such concepts also recognize the importance of community participation andinitiative in responding and reducing crime rather than leaving the crime problem to the government alone.
Accordingly, it can be seen that there are some restorative justice programmes and services which havebeen established for victims such as victim-offender reconciliation and mediation and restitution
programmes.
It can be concluded that restorative justice is a useful process for victims as it promotes the repair ofharm caused by crime and the active involvement of victims and communities in justice processes. In
addition, it is also concerned specifically with the need to provide victims with a sense of fairness and accessto the justice system which has formal obligations to make things right for victims.
Yet, restorative justice has not been a widespread concept in the Thai Justice System. Until now, only
some restorative approaches have been employed in the country such as mediation. Likewise, laws relating
to suspended prosecutions have now been introduced into the justice system. It is believed that applying theconcept of restorative justice will generate better standards in the justice system of Thailand. For instance,
only serious criminal offenders will now be forwarded for court processing. For other petty offences,offenders will be dealt with professionally by the police or probation officers.

IV. CONCLUSION
In general, the bureaucracy reform has caused a significant change in the criminal justice system inThailand. Accordingly, nowadays, laws, legislation and practices are employed in accordance with the United
Nations Standards and Norms in Crime Prevention and Criminal Justice. More importantly, the occurrenceof the justice system from the endorsement of the Thai Constitution B.E. 2540 (1997) has lead to theestablishment of new justice agencies for the protection of Thai citizens such as the Office of the National
Human Rights Commission of Thailand and the Office of the Ombudsman. Therefore, this is a good
indication that the Thai justice system has developed in the proper direction.
What is more, when laws and legislation relating to suspended sentences in prosecution are endorsed
throughout the country, it will contribute to a variety of advantages or positive effects. For example, petty
offences will be moved away from Court processing. It will also benefit the categorization of normal
offenders and serious criminals. The serious criminals will be imposed harsher sentences and at the sametime normal offenders should receive more lenient sentences.
Additionally, the issue of restorative justice seems to be a hot topic in the justice system. That is because
it is likely to be a major concept adopted in the justice system. It is believed that restorative justice is a
response to crime which focuses on restoring the losses suffered by victims, holding offenders accountable
for the harm they have caused and also generating peace within communities. Therefore, at present,
restorative justice may be one of the best concepts which should be brought into practice.
To sum up, I believe the development of laws and legislation pertaining to criminal justice in Thailand andputting the concept of restorative justice into practice will be a better way to enhance the justice system inThailand to the universal standard, particularly the United Nations Standards and Norms.

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APPENDIX
Statistics on Prison Population & Correctional Manpower
Chart 1: Prison Population
250000200000150000Male

100000Female

50000
0
1995

1996

1997

1998

1999

2000

2001

2002

2003

Chart 2: Prisoners by Status
Awaiting Investigation
Awaiting Trail
160,000
140,000
120,000
100,000
80,00060,00040,00020,0000Pending Appeal
Convicted
OthersChart 3: Convicted Prisoners by Type of Offence

80000
70000
60000

Male

50000

Female

40000
30000
20000
10000
0

110

AgainstProperty

AgainstNarcotic
Laws

AgainstLife

BodilyHarm

Sex-related
OffenseAgainstPublicSafetyOthers127TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

Chart 4: Convicted Prisoners by Sentence Term
60000

Male

50000

Female

40000

30000

20000

10000

0
Under1yr.

1-5yrs.

5-10yrs.

10-20yrs.

20-50yrs.

Life
Death
Imprisonment Sentence

Chart 5: Convicted Prisoners by Age
60000

Male
50000

Female

40000
30000
20000
10000
0
Under 18 yrs.

18-20 yrs.

20-30 yrs.

30-40 yrs.

40-50 yrs.

50-60 yrs.

Over 60 yrs.

Chart 6: Correctional Manpower
10000
8000
6000

Male

4000

Female

2000
0
1994

1995

1996 1997

1998

1999 2000

2001

2002

2003

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Staff: Inmate Ratio in 1995 - 2003

112

Year

No. of Inmates

No. of Staff

Ratio

1995

111,028

9,615

1:12

1996

103,202

10,113

1:10

1997

130,997

9,796

1:13

1998

164,451

10,745

1:15

1999

203,702

10,9091:18

2000

190,541

10,507

1:18

2001

250,853

10,573

1:24

2002

254,070

10,825

1:23

2003

211,475

10,889

1:19