The problem of working in social services in lieu of fines according to Section 30/1 of the Criminal Code.

Abstract

This research article aims to analyze the issues surrounding the implementation of community service in lieu of fines under Section 30/1 of the Thai Penal Code within the context of the Thai justice system. It also seeks to compare the relevant legal principles and enforcement practices in other countries. The study is based on an extensive review of Thai-language documents, easily accessible and credible online sources, books, textbooks, lecture materials, research studies, academic reports, theses, and scholarly articles in both print and electronic formats. Additionally, in-depth interviews were conducted to gather further insights.

The findings indicate that the major challenges in enforcing this measure include: 1. Issues related to administrative management, 2. The lack of a financial status assessment system before the court’s decision, and 3. Problems concerning personnel. To improve the implementation of community service in lieu of fines, the researcher proposes the following recommendations: 1. Administrative Management Issues – There should be an immediate notification of the right to request community service in place of a fine under Section 30/1 of the Penal Code upon sentencing. 2. Lack of a Financial Status Assessment System – A standardized set of criteria and financial assessment tools should be established to ensure fair consideration before the court's ruling. 3. Personnel-Related Issues – Specialized training should be provided for probation officers responsible for overseeing offenders performing community service, enabling them to offer appropriate guidance in selecting suitable tasks. Additionally, probation officers should be granted the authority to modify the type of community service assigned to offenders to ensure feasibility and practicality.

The researcher suggests these improvements to enhance the efficiency of the community service system as a substitute for fines, aiming to reduce prison overcrowding, rehabilitate offenders, and maximize benefits to society.