Thaksin Shinawatra’s Potential Royal Pardon: Exploring the Procedure and Types of Forgiveness
Bangkok, Thailand – As the news of Thaksin Shinawatra’s potential request for a royal pardon surfaces, many are curious about the procedure and types of forgiveness available under the Thai legal system. Thaksin Shinawatra, the controversial former Prime Minister of Thailand, is currently serving prison time for multiple convictions.
According to reports, Thaksin’s return to Thailand from exile is imminent, and he is expected to seek a royal pardon. However, it is crucial to note that there are specific conditions under which a prisoner can request such forgiveness. The primary requirement is that the individual must be in the process of receiving punishment or have received a punishment already. This gives them the right to apply for a royal pardon from the first day of their sentence.
However, if a prisoner has previously received any pardon within the past two years, they will not be eligible to apply again. Therefore, Thaksin Shinawatra’s chances of requesting a royal pardon depend on whether he has received any previous clemency within the last two years.
Understanding the Procedure: Different Types of Pardon
There are different types of royal pardon based on various factors. Let’s explore them further:
1. Divided according to the nature of the person we forgive:
1.1 Individual Pardon: This type of pardon focuses on a specific individual and is considered based on the convicted person’s circumstances. Section 259 of the Code of Criminal Procedure states that individuals who wish to request a royal pardon must present their case to the Minister of Justice after their verdict is final.
1.2 General Pardon: On the other hand, a general pardon is granted to a group of prisoners. Traditionally, this form of forgiveness aligns with the festivities and important events in Thailand, such as a pardon granted during a coronation ceremony. According to section 261 bis of the Code of Criminal Procedure, the Council of Ministers advises the King on granting a general pardon to the guilty parties.
2. Divided according to the result of receiving a pardon:
A royal pardon has legal effects, which can lead to different outcomes for the recipient. Those who receive a pardon are relieved from full compliance with their original sentence. For instance, if a person initially received a life imprisonment sentence, a royal pardon could potentially commute it to a lesser penalty of 20 years imprisonment.
3. Divided by the source of forgiveness:
There are two categories of pardons based on their source. Legal pardons are granted after a final judgment by law and can result in no punishment or a reduced or different penalty. Traditionally, pardons can also be granted before a final judgment is reached. These types of pardons are typically given to individuals under investigation or with ongoing lawsuits.
Thaksin Shinawatra’s Eligibility for Pardon
In the case of Thaksin Shinawatra, his eligibility to request a pardon depends on the specific timetable for filing. As a general prisoner, Thaksin can submit his request as soon as his case reaches its final verdict. However, if a person is sentenced to death, they must file for a pardon within 60 days of the date of the final judgment.
The Procedure for Requesting Pardon
The procedure for seeking forgiveness begins with the prisoner (in this case, Thaksin Shinawatra) and stakeholders related to the case. They can submit a petition for a royal pardon through correctional facilities, prisons, the Ministry of Justice Secretariat Office, the Royal Ministry of Foreign Affairs, or the Embassy.
Once the Department of Corrections receives the petition, they conduct an investigation before presenting their opinion to the Minister of Justice for approval. Afterward, the matter is brought to the attention of the King through the Cabinet Secretariat and the Office of the Royal Secretariat. The royal decision on the petition ultimately determines the outcome, which is then communicated to the Department of Corrections and the applicant.
This information has been sourced from the King Prajadhipok Foundation.
In conclusion, as Thaksin Shinawatra prepares to return to Thailand, there is speculation regarding his potential request for a royal pardon. The procedure for requesting forgiveness entails following specific guidelines, and the types of pardon available depend on the circumstances surrounding the case. Whether Thaksin Shinawatra will be granted a pardon remains to be seen, as it ultimately lies in the hands of the King and the Thai legal system.
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Open ‘Procedure for requesting a royal pardon’ How many types of royal pardon are there Is ‘Thaksin Shinawatra’ in the conditions?
The trip back to Thailand from “Thaksin Shinawatra” to receive prison There are still 3 lawsuits and it is expected that there will be “Ask for forgiveness” because it is the right of every prisoner Under the condition, that is, you must be in the process of receiving punishment upon receiving the punishment therefore able to apply for a royal pardon from the first day But if no favors have already been done he will not be able to do apply again within 2 years The procedure for asking for forgiveness a What types of pardon are there?
Types of forgiveness
1. Divided according to the nature of the person we forgive
1.1 An individual pardon is a true form of pardon. that according to general principles is considered by the convicted person individually
individual forgiveness It is currently stated in Section 259 of the Code of Criminal Procedure as follows: or persons with benefits When the case is final If you want to tell His Majesty Consecrate the story to the Kingroyal pardon it can be presented to the Minister of Justice.
1.2 A general pardon (General Pardon) is the pardon of many prisoners. It is a model consistent with the traditional purpose of Thai amnesty. which expresses the King’s mercy towards his subjects on important occasions such as a pardon at the coronation ceremony which is considered a sacrifice of forgiveness By stipulating in the Code of Criminal Procedure, section 261 bis is as follows:
“Section 261 bis In a case where the Council of Ministers deems it appropriate to give advice to the King.royal pardonto the guilty
2. Divided according to the result of receiving a pardon
release forgiveness have a legal effect make the person who is forgiven free from being forced according to the opinion at all pardon There is a legal effect that allows those who receive a pardon to be sentenced to the end. not being forced to comply with the judgment only in part, for example, having to be sentenced to life imprisonment by a final judgment If I pardon, a lesser penalty It could be life imprisonment instead. pardon, change of punishment have a legal effect causing the person pardoned to be sentenced to the end Do not be forced to punish according to the verdict, for example, having to be sentenced to a final sentence of life imprisonment If pardoned , the sentence will be commuted to 20 years imprisonment instead.
3. Divided by source of forgiveness
Legal pardons are pardons that have been given a final judgment by law. in order to have the effect that the person condemned by the judgment will not be punished (in the case of a pardon, release) receive a lesser punishment (in the case of a pardon, a reduction in punishment) or receive a different punishment to the judgment (In the case of pardon, change of sentence) Pardons according to tradition, ie pardons in cases where the final judgment has not yet been given. By law, penalties are imposed on offenders at all, and in some cases, pardons at the level of the employees under investigation. or file a lawsuit with no judgment
forask for forgivenessspecific to which Thaksin in this state There is a timetable for filing. Separated into cases of general prisoners it can be filed as soon as the case is final but if a person is sentenced to death it must be filed within 60 days of the date of the final case
partThe procedure for asking for forgivenessindividual, starting with the prisoner (death penalty/imprisonment/detention/fine/confiscation of property) at the end of the case and related stakeholders can submit a petition to petition for a royal pardon through prisons/correctional institutions or the Ministry of Justice Secretariat Office Royal Ministry of Foreign Affairs or Embassy
However, after receiving the issueDepartment of Correctionsis sent to prison/coronavirus to investigate the story Before submitting the opinion to the Minister of Justice for his signature. to bring the matter to the King Through the Cabinet Secretariat and the Office of the Royal Secretariat when the royal decision was made leading to such a petition Notify the Department of Corrections and take action, as well as informing the applicant of the outcome of the petition.
Thanks for the info: King Prajadhipok Foundation
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