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Corporate Crime and the Criminal Liability of Corporate Entities in Thailand (From UNAFEI Resource Material Series No. 76, P 94-114, 2008, Grace Lord, ed. See NCJ-229030)

NCJ Number
Bhornthip Sudti-autasilp
Date Published
December 2008
21 pages
This paper discusses the current situation regarding corporate crime in Thailand, including problems and challenges in its investigation, prosecution, and trial.
Although the Thai Supreme Court has held that a "legal person" (a corporation) can be a subject of and be punished for a criminal offense, there is still controversy as to the scope of punishment. The controversy involves whether a legal person can be punished for any act that is by law a criminal offense when committed by a natural person, or should a legal person be punished only when there is a statutory provision that so specifies. Statutory provisions on the criminal liability of a legal person are stipulated only in some laws, but the Penal Code, which composes major criminal law in Thailand, is silent on this issue. In reviewing the scope of criminal liability for legal persons in Thailand, this paper divides criminal legislation into three types: statutory provisions that impose criminal liability on a legal person, statutory provisions that impose criminal liability on persons of certain status, and statutory provisions that specify the subject of the offense by using the terms "anyone" or "whoever." Examples of each type of legislation in Thailand are listed. This is followed by a review of the criminal liability of executives or persons responsible for the activities of a legal person in Thailand. Other issues discussed in relation to corporate crime in Thailand are preventive and remedial measures for financial and banking crimes, the enforcement of laws related to corporate crime, and Thailand's involvement in international cooperation in criminal matters. 8 references