Abstract:
Thailand is the first country that brought Insurance Company to support the legal process. The government unit ,which has an authority to temporary release the alleged offender or the accused, has issued a regulation supporting the Bail with insurances standby credit. Such insurances standby credit is considered to be a type of assets, which is allowed to be used for the temporary release process. The insurances standby credit is a type of standby credit, which can be regulated by specific regulation under ISP 98. Since Thailand does not have specific law for legal relation under Standby Credit contract, the Civil and Commercial code shall be applied. However applying the Civil and Commercial code to The insurances standby credit, is not very suitable or match with such contract due to its specific character which is different from the other general contract. Moreover, the Civil and Commercial code does not recognize this specific character. These issues have become the main obstacles in using the insurances standby credit when bailing the alleged offender or the accused in criminal cases. According to the study, a clause in the insurance policy, which forces the assured to repay the fine back to Insurance Company if the company has paid for bail with insurances standby credit is considered against the insurance manner. Additionally, the number of the evading alleged offender or accused, which were bailed with insurances standby credit, has been increased. Because the level of insurance premium in every case is the same. In addition, there is also a lack of checking system on the evading alleged offender or the accused s information to be taken into account when consider granting insurance of the insurance company. Consequently, the author has suggested the regulation under ISP 98 to be used i.e. the written insurances standby credit shall bind the officer or court. The insurance company can not cancel or revoke the issued insurances standby credit. Such insurances standby credit will be enforceable separately from other agreement. This will stop the insurance Company from refusing to comply with the contract by using the general defense under the contractual relation. The author also suggests the method in issuing a clear regulation and procedure for a better and fairer way in bailing with insurances standby credit.