กรมคุมประพฤติ
Department Of Probation
Applicable laws
1 กฎหมายที่เกี่ยวข้องกับการคุมความประพฤติผู้กระทำผิดที่เป็นผู้ใหญ่ ประกอบด้วยกฎหมายสำคัญดังต่อไปนี้
This applies when the court either suspends the imposition of a sentence or imposes a sentence but suspends its execution for an offender for a period not exceeding five years. The court may or may not impose probation conditions. One such probation condition is that the offender reports periodically to an officer designated by the court. This allows the officer to inquire, advise, assist, or warn as deemed appropriate regarding their conduct and occupation, or to arrange for them to perform community service or public benefit activities. Related legislation and regulations include:
- 1.1
Probation Act, B.E. 2559 (2016), Section 29: This provision states that when a probation officer arranges for a probationer to perform community service or public benefit activities as ordered by the court or a competent official, they must consider case information and personal data. Additionally, the assigned work must not conflict with customs, traditions, culture, religious beliefs, or other relevant factors.
- 1.2
Department of Probation Regulation on Principles, Methods, and Conditions for Community Service or Public Benefit Work, B.E. 2560 (2017): This regulation was issued to support the operations of probation officers in arranging community service or public benefit activities for probationers, in accordance with Section 29 of the Probation Act, B.E. 2559 (2016).
2. Community Service in Lieu of Fines under the Act Amending the Penal Code (No. 25), B.E. 2559 (2016), Section 30/1
This provision serves as an alternative sanction for individuals (not legal entities) who have been fined by the court but lack the funds to pay. Ordinarily, such individuals would be detained in lieu of the fine. However, this section grants those unable to pay the right to petition the court of first instance that rendered the judgment to request community service in lieu of the fine. Therefore, the objective of community service in lieu of fines is to allow offenders who cannot pay their fines to perform community service instead, strictly adhering to the duration and type of work ordered by the court. This differs from community service under the Act Amending the Penal Code (No. 25), B.E. 2559 (2016) (Section 56), which is a condition of probation aimed at rehabilitation and making amends to victims and society.
3. Community Service under the Drug Addict Rehabilitation Act, B.E. 2545 (2002), Section 23 (4)
This provision serves as an alternative sanction for individuals (not legal entities) who have been fined by the court but lack the funds to pay. Ordinarily, such individuals would be detained in lieu of the fine. However, this section grants those unable to pay the right to petition the court of first instance that rendered the judgment to request community service in lieu of the fine. Therefore, the objective of community service in lieu of fines is to allow offenders who cannot pay their fines to perform community service instead, strictly adhering to the duration and type of work ordered by the court. This differs from community service under the Act Amending the Penal Code (No. 25), B.E. 2559 (2016) (Section 56), which is a condition of probation aimed at rehabilitation and making amends to victims and society.