Suwat Chansug. Anti-corruption practice in promotion and tranfering in administrative official. Doctoral Degree(Criminology, Justice Administration and Society). Mahidol University. Mahidol University Library and Knowledge Center. : Mahidol University, 2016.
Anti-corruption practice in promotion and tranfering in administrative official
Abstract:
This study was an investigation of the concept of criminological philosophy and penology to help stipulate a criteria of the punishment suspension measures in the Criminal Code, Section 56 for substantial application. This was documentary research that also employed an in-depth interview with judges working in the Trial Court, the Appeals Court, and the Supreme Court. The results revealed that the sentences stipulated were appropriate for the offense and the offenders. The suspension was a measure the court could decide to impose on some types of offenses and for the offenders appropriate to their conditions and their individuality in each case. This was to provide opportunity for the offenders to became good citizens, without criminal records and to deter short-term imprisonment. Most judges, on the contrary, never applied the punishment suspension measures in their judgments but imposed the reprieve. Rationally, most judges reflected on the penalty account and viewed that it was adequate, that the punishment stipulated needed to follow the penalty account and the laws while disregarding other facts such as the defendant's historical records, gravity, and the damages caused by the offense. The judges might have fear of the penalty account had not been followed, they would have to blamed for not aligning with the penalty account; it was then inferred as corruption (if their judgment) Consequently, the judges adhered to the penalty account as the principle of judgment in order to protect themselves and ignored facts to complement their judgment. There should be a standard criteria to enable the judges to impose the punishment suspension measures in their judgments through using the concept of criminological philosophy and penology as guides for the substantial stipulation. The recommendations from the study were; it was necessary to stipulate the criteria of penalty account, offenses should be stipulated in the rate of the penalty account so that the courts could, in the same direction, impose the punishment suspension measures and meet the rule of law. The knowledge and the concept of penology theory should be promoted among the judges.