Abstract:
Probation is a legal measure visualizing the future of criminal policy, in order that crimes and recidivism can be prevented, under the supervision of probation officers. It is viewed as an alternative to institutional treatment, not punishment. In addition, the ideology of probation focuses on the offender rather than on the offense. Some theories of punishment may be implemented in the process of probation. For example, the increasing of legal sanctions with clear, swift and certain actions will generate the effective supervision for probationers violating probation conditions. This is one of the most crucial objectives of probation in order to protect the community. The results of this research show that the rehabilitation of probationers do not only depend upon the psychological and social work approach, but they also depend on the explicit legal provisions and new coercive measures in the probation law. In addition, the research illustrates that there are some other deficiencies lying behind the Probation Procedure Act in accordance with the Criminal Code B.E. 2522, Which should be revised. The researcher proposes the amendment of the Act such as, appending the definitions of presentence investigation and probation supervision, empowering a probation officer in the same manner as inquiry official and authorizing the officer to arrest the probationers violation conditions of probation upon warrant from the court, and taking them before the court within 24 hours. The mentioned revision would be the effective measures to control over probationers. Nevertheless, the probation officer must not neglect the role of the therapeutic agent and the traditional probation ideology. The researcher, moreover, recommends that the revision of the Act should be based on due process ideal protecting the rights of defendants and probationers.