Abstract:
This research article studies the problems and guidelines for the performing of social service work or public service work instead of fines in the criminal case by studying the theory and concepts of punishment in criminal cases, especially fines, social work or public service work according to foreign guidelines, including interviews with those involved. The research study found that: the first problem, Criminal Code Section 30/1 only those convicted of a fine who are not juristic persons and do not have money to pay the fine, will have the right to submit a petition to the Court of First Instance to perform social services or public service work instead of a fine but the court will reject the petition if it is found that the defendant can pay the fine. The second problem, according to Section 30/2, is if the convicted person violates or fails to comply with orders or conditions set by the court, it will be considered that he/she does not take the importance of social service or public service work measures instead of fines, then, the court will revoke the said permission order and impose a fine or detention without first ordering the confiscation of assets according to Sections 29 and 29/1. The third problem, the court should notify those who have been sentenced to be fined because some of them do not know that there are specific measures for those who are unable to pay the fine then this is considered discrimination. Therefore, the researcher would like to guidelines for the Criminal Code or legal measures as follows: 1.A person who has been sentenced to be fined can submit a request to do social service or public service work instead of a fine, even if that person can pay the fine, 2. When the court considers the offenses and previous offenses that the offender committed, if this person, fails to perform social services or public service work instead of the fine without reasonable grounds, he/she should be enforced with the fine penalty according to the criminal code respectively but should not be forced to be imprisoned immediately, 3.The court must notify the rights of the person convicted of a fine regarding submitting a request to do social service or public service work instead of the fine while adjudicating the case, regardless of whether the case is an offense under the Criminal Code or the offense such as a tax case, bill of exchange case, cases regarding the employment of foreigners, etc. or even if the convicted person can pay the fine, to be a general punishment without specifically targeting those who are unable to pay the fine as well as those convicted of certain types of policy cases will receive rehabilitation rather than having to be heavily punished, which is consistent with international punishment principles.