Abstract:
A community service order is a form of panel measure which court shall apply to the offenders as a condition of probation according to Section 56 to the Panel Code. It shall, also, be applied as an alternative to fine depending on the amount of fine and financial condition of the offender according to Section 30/1 of the same Code. However, the community sentence provision enacted in England has stated that the court shall apply a community service order to the offenders as a form of community punishments. Whereas New York state has applied it as a form of intermediate sanctions which are the middle measures between probation and imprisonment. Moreover, in South Korea, a community service order shall be considered as a condition of suspended sentence. Therefore, community service order in those countries shall be applied as a standalone punishment without any conditions required by laws. In Thailand, the new form of community service order should be suitable to practice as the courts alternative to imprisonment or community punishment. It can be substituted to one of the five forms of punishment currently stated in Thais criminal justice system, the imprisonment, for the purpose of the offenders rehabilitation. It is also necessary to amend the Thai provisions related to community service order so that it can be applied to the offenders as a solely punishment independently without any conditions of law. In addition, there must be a provision regarding the community service of the offenders which is different from the community service order currently stated in the Thai Panel Code. Not only that this solely punishment form of community service order will make more benefit pertaining to the rehabilitation of the offenders, but the community as well.