Thailand: “Restorative Justice” underway for Thailand

The main aspects of the Bill are as follows:

• Prosecutor has the discretion to request a stay of prosecution and divert the offence to the restorative process
• Offender must admit to the offence and be willing to reform and make reparations
• Injured person must agree to the measures
• Offence must be a petty offence, defined by the Thai Penal Code as offences punishable by no more than one month’s imprisonment, or a fine of not more than one thousand Baht, or both
• Does not apply to cases under the jurisdiction of the Juvenile and Family Courts
• The prescription period will be interrupted during the stay of prosecution
• Any witness statements, confessions or facts derived from the stay of prosecution are inadmissible as evidence
• Cases will be settled through mediation and, in some cases, probationary measures will be implemented
• Offence will not be put on the person’s permanent record

The Bill seeks to enhance flexibility and efficiency in the criminal justice system by offering solutions aimed at healing and reintegrating, rather than alienating and punishing. If passed, the Bill will reduce the time, cost and complexity involved in adjudicating petty offences, while at the same time upholding justice and, hopefully, reducing the chances of recidivism.