Thailand: Introduction of Regulatory Offences

Over-criminalization has been an issue for Thailand for a very long period. To de-criminalize certain offences, particularly offences relating to trade, the Regulatory Offences Act (Act) has been published in the Government Gazette on 25 October 2022 and will become effective by the end of June 2023. According to the Act, offences prescribed under the Act could be settled if the wrongdoer agrees to pay a fine in the amount determined by the competent officials, but not exceeding the maximum criminal fines prescribed for such offenses.

The key issues of the Act include:

• To determine the amount of the fine under the Act, the competent officials have to take into account of all surrounding circumstances, including but not limited to the degree of negative impact derived from the offences, personal status of the wrongdoer, benefits to be received by the wrongdoer or other parties, and the economic status of the wrongdoer.
• The payment of the fine can be done via electronic means.
• In case the wrongdoer is unable to make a one-time payment of the fine, the Act allows the payment of fine in installments.

It remains to be see whether the Act will effectively deter current and future wrongdoers from violating trade related offences as this is likely to depend on whether the fines imposed under the Act are sufficiently punitive.

Authors: Tanakrit Tangburanakij / Praewpan Hinchiranan