Comparative Study of Amnesty Law in Thailand Duging B.E. 2475-2549

Abstract

The study results showed that there were 21 amnesty laws passed in Thailand during B.E. 2475-2549. While each of them served different purposes, they had shared one common idea: to retroactively exempt a select group of people from judged criminal liability, or to make their crimes committed become null and void, which eventually as a result, has reduced credibility of national laws. Usually amnesty law can be drafted by both the legislative branch, enacts acts, and the executive branch, enact royal enactments, of the Thai government.

The amnesty is also possible to be enacted as a specific section in the constitution. For instance, in B.E. 2549 the Council for Democratic Reform under Constitutional Monarchy: CDRM included amnesty into section 37 of Thailand constitution. This had created a new form of amnesty that is neither an act or a royal enactment.

Amnesty laws during 74 years of Thai Democracy in the past can be devided into three categories as the following. 1) Amnesty for those who seized power. This kind of amnesty always happened after seizure of power. 2) Amnesty for offenders to stability of the state. This amnesty often be granted on the occasion of great national events or in special cases. 3) Amnesty for political demonstrators which often be used for a purpose of ending violent political conflicts. Because the three types of political amnesty were used for different purposes, they did not have the same political legitimacy. Usually amnesty for seizure of power and for offenders to stability of the state will never been questioned by the people about their legitimacy, regardless of their types of legislation. Especially amnesty for the offenders which are rarely seen. On the other hand, amnesty for political demonstrators were the most type that was questioned its political legitimacy, for instance, amnesty for political demonstrators during May 17 – 21, B.E. 2535.

In summary, amnesty law is more a way for dealing with specific political issues than an actual legislation for general enforcement. Political amnesty offers an exception to normal parameters of the usual rule of law. It has customarily been used as a political tool to create political legitimacy for crimes committed, and to create resolution and reunion for the country to be able to move on. However, there is no quarantee that those who are granted amnesty will not commit the same crime again if their penalties are suspended.