Developing Restorative Justice Mechanisms for Community-Based Criminal Cases

Abstract

This study aims to: (1) examine the principles, concepts, and theories of restorative justice in criminal cases; (2) analyze the problems and obstacles in the implementation of restorative justice processes in criminal cases in Thailand; and (3) propose guidelines for the development and improvement of restorative justice processes to enhance their effectiveness and align them with the social context. This research employs a qualitative approach by reviewing and analyzing data from books, textbooks, academic articles, research studies, and related documents. The data were analyzed, synthesized, and descriptively presented to identify appropriate approaches for developing and driving restorative justice processes toward effectiveness and sustainability within Thai society.

The findings reveal that: (1) the study explores key principles, concepts, and theories related to restorative justice in criminal cases, including the Theory of Reintegrative Shaming and Narrative Theory; (2) the application of restorative justice in criminal cases in Thailand still faces several limitations, such as insufficient legal coverage, lack of expertise among personnel, inconsistency in implementation across different regions, and limited public participation. Although restorative justice (RJ) has been introduced and piloted in various types of criminal cases and in certain areas, and despite its potential to reduce conflict, provide remedies for victims, alleviate the burden on the judicial system, and promote offender accountability, its current implementation still encounters significant challenges. In contrast, foreign legal frameworks—such as New Zealand’s Sentencing Act 2002—require courts to consider participation in restorative processes, compensation for damages, and expressions of remorse by offenders as part of sentencing. This makes restorative justice not merely a discretionary option for investigators or prosecutors, but an integrated mechanism within the formal justice system, with legal provisions supporting victims’ rights; (3) the study proposes recommendations for improving the restorative justice system to address issues of domestic violence. These include legal recommendations: (1) utilizing existing laws as tools to promote the practical application of community justice processes, such as the National Justice Administration Development Act B.E. 2549 (2006) and the Royal Decree on Good Governance B.E. 2546 (2003); (2) amending and improving relevant existing laws to remove barriers and enhance community participation; and (3) enacting a central or framework law to clearly and concretely promote and support community participation in restorative justice processes.