Legal Measures for the Rehabilitation of Offenders during Parole in Serious Criminal Cases

Abstract

 This study aims to: (1) examine the problems concerning rehabilitation measures for inmates during parole; (2) analyze the legal frameworks governing rehabilitation and treatment measures for parolees in Thailand, at the international level, and in selected foreign jurisdictions; and (3) propose legal measures to prevent recidivism among parolees, particularly in serious offenses. The research adopts a qualitative methodology, relying on documentary research drawn from books, academic texts, scholarly articles, research reports, and relevant legal instruments. The collected data were analyzed and synthesized using a descriptive approach in order to propose improvements to legal measures relating to parole-based rehabilitation.

The findings reveal that: (1) the current supervision model for parolees in Thailand lacks clear and systematic rehabilitation measures during the parole period. Existing mechanisms primarily require parolees to report to authorities in accordance with ministerial regulations issued under the Corrections framework, particularly Clause 50 of the Ministerial Regulation on the Determination of Benefits of Convicted Prisoners and Conditions for Release (B.E. 2562 [2019]). There is no structured post-release rehabilitation program mandated by law. (2) Relevant Thai legislation includes the Probation Act B.E. 2559, the Corrections Act B.E. 2560, related regulations of the Department of Probation and the Department of Corrections, and the Act on Prevention and Suppression of Torture and Enforced Disappearance B.E. 2565. International legal instruments examined include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the United Nations Standard Minimum Rules for Non-custodial Measures. Comparative foreign laws include the Delaware Criminal Code Title 11 (Chapter 43), the Code pénal and the Code de procédure pénale of the French Republic, and the Strafgesetzbuch of the Federal Republic of Germany. (3) The study proposes several legal reforms to enhance the effectiveness of rehabilitation measures for parolees convicted of serious offenses. These include: amending the Corrections Act B.E. 2560 to establish clear mandatory post-release conditions, such as compulsory community-based rehabilitation programs, completion of unfinished in-prison treatment programs, and mandatory pre-release risk assessments; strengthening judicial involvement in determining parole conditions in serious cases; developing individualized rehabilitation plans prior to release; increasing budgetary allocations and personnel for the Department of Probation; and adopting policies for criminal record expungement to facilitate social reintegration and reduce recidivism.