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ABOLISHING CAPITAL PUNISHMENT FOR ARSON: PROPORTIONALITY, HUMAN RIGHTS, AND THAI JUSTICE REFORM |
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| รหัสดีโอไอ | |
| Creator | Thanyaphat THONGMUSIT |
| Title | ABOLISHING CAPITAL PUNISHMENT FOR ARSON: PROPORTIONALITY, HUMAN RIGHTS, AND THAI JUSTICE REFORM |
| Publisher | Asian Crime and Society Review |
| Publication Year | 2569 |
| Journal Title | Asian Crime and Society Review |
| Journal Vol. | 13 |
| Journal No. | 1 |
| Page no. | Article 6 |
| Keyword | Capital Punishment, Arson Offenses, Proportionality Principle, Human Dignity, Criminal Justice Reform |
| URL Website | https://so02.tci-thaijo.org/index.php/IJCLSI |
| Website title | https://so02.tci-thaijo.org/index.php/IJCLSI/article/view/283392 |
| ISSN | 3027-6896 |
| Abstract | This qualitative study investigates the abolition of the death penalty for arson-related property crimes in Thailand, evaluating its alignment with contemporary human rights standards and penal theories. Utilizing documentary analysis and in-depth, semi-structured interviews with fourteen correctional executives and legal experts conducted between January and August 2024, the research examines the legal and empirical realities of capital punishment. The findings reveal that imposing the death penalty for non-lethal arson is disproportionate, violates fundamental human dignity, and lacks substantial empirical evidence of effectively deterring crime when compared to severe custodial sentences. Furthermore, retaining capital punishment for property offenses fundamentally contradicts international human rights instruments, particularly the International Covenant on Civil and Political Rights, which restricts execution solely to the most serious crimes involving intentional killing. Consequently, the study strongly recommends abolishing the death penalty for arson, proposing proportionate alternatives such as life imprisonment or a minimum of twenty years of incarceration, coupled with robust preventive measures. This essential reform securely aligns with Section 77 of the Thai Constitution, promoting transparent, evidence-based, rehabilitative, and restorative criminal justice policies. |
