Alternative Sentences for Crimes Punishable Solely by Death Penalty in Thailand

Abstract

This mixed methods study entitled “The Study of the Possible Alternative Sentences for Crimes Punishable Solely By Death Penalty” aims to find out the possible alternative sentences for crimes punishable solely by death penalty.  The in-depth interviews with 12 participants: judges, prosecutors, investigators, and experienced scholars in criminal law teaching was conducted through a qualitative approach while a quantitative research approach was carried out via the questionings with 700 people in Thailand including the staff in the justice process, the Non-Government Organization on human rights (NGO), and the media on criminal news. It is found that   

1) The first possible alternative sentences for crimes punishable solely by death penalty is the strict death penalty with no pardon followed by life imprisonment with the court’s determination of the social safety period for at least 20 years as well as the use of the follow-up electronic devices to monitor after the suspension of punishment or the premature release. The offenses that should be punished by other measures instead of death penalty are the offenses on drugs, property, and evacuation. Other measures that can replace the death penalty are 1) the use of unethical deceiving, threat, and abuse or domination or molestation to make the others addicted to Type 1 drugs as Heroin and Amphetamine or the action taken to a female or to an immature person, 2) the offense on evacuation and the evacuation to the enemy side, and 3) whoever uses a weapon or any material to kill the other in the airport and if that action is dangerous or might be dangerous to the airport’s security.

2) The offenses that should be replaced by other punishments instead of death penalty are 1) the assassination of the queen, relatives, or the regents (64.9%) followed by the killing of the others while being in the aircraft and if that action might cause danger to the airport’s security (64.0%). Most sample agreed in using other punishments instead of death penalty (62.1%) while some disagreed (37.9%). For other punishments used instead of death penalty are 1) strict life imprisonment with no pardon followed by life imprisonment with the right to reduce the number of the punishment day, suspend of punishment or to be prematurely released with no determination of the minimum punishment and life imprisonment and the court determines the social safety period for at least 20 years.