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Death Penalty |
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The issue of death penalty seems to generate the widespread debate between retentionists and abolitionist countries. Moreover, the death penalty has forced many nations to question their attitudes toward such penalty.
Thailand, however, is one of the retentionist countries which has still carried out the death penalty. The Thai authority resumes executions in 1995 after an eight-year moratorium. It is believed that to enforce the death penalty is an effective way to prove credibly that any heinous wrongdoers is unacceptable and should be removed from the society.
According to the Thai criminal Code, the death penalty is the most severe penalty and is mandatory for kind of offenses categorized as felonies. Furthermore, complying with the International Covenant on Civil and Politic Rights, the death sentence may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court. Additionally, persons below eighteen years of age and pregnant women shall not be put to death. |
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 Why Thailand Retains Death Penalty?
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Many surveys relating to public's attitudes towards the death penalty revealed that it is still necessary to carry out the death penalty in the country. Some major reasons are:
- Death Penalty has been a significant tool for tackling high rate of serious crimes
- Death Penalty can result in reducing negative effects and violence from victims' retribution
- Death Penalty is a special deterrent to prevent heinous criminals that thereby fosters social safety
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Prior to 1934: Beheading
Beheading was the only method of execution in Thailand prior to 1934. Under such method, a prisoner's head is severed from the body with sword. According to this method, the weapon's sharp blade has to cut speedily through prisoner's spinal cord, generating unconsciousness from spinal shock.
1934 and six decades more: Shooting Due to the amendment of the Thai Criminal Code, it stipulates any prisoners sentenced to death will be shot to death. Beheading, therefore, was banned and the form of execution was changed to shooting or firing squad. According to this method, a prisoner is shot to death with a machine gun aimed at theprisoner's trunk in order to generate immediate unconsciousness. The prisoner dies as a result of one or combination of effects which cause damage to vital organs such as heart, damage to the central nervous system or hemorrhage. The fist execution by shooting was carried out on 12 September 1935.
2001 and beyond: Lethal Injection
Lethal Injection has adopted as an authorized execution method switching from shooting since 19 October 2001. In the procedure of lethal injection, a prisoner is injected with three kinds of drugs consisting of sodium thiopental, pancuronium bromide and potassium chloride. The first drug is a barbiturate which makes the prisoner unconscious. The second one is a muscle relaxant which can paralyze the entire muscle and stop breathing. The last one is flown in order to stop the heart and cause cardiac arrest. To implement lethal injection, the Department of Corrections trained staff to manage the injection and to determine the execution.
See all the methods of execution, visit the Thai Corrections Museum
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Number of Execution over Times |
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Year |
No. |
Year |
No. |
Year |
No. |
Year |
No.
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1771
1772
1773
1774
1775
1776
1777
1778
1779
1880 |
4
1
2
14
4
12
-
-
14
7 |
1881
1882
1883
1884
1885
1886
1887
1888
1889
1990 |
7
4
4
5
-
15
2
16
-
- |
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000 |
-
-
-
-
-
-
1
2
2
16 |
2001
2002
2003
2004
2005
2006 |
1
11
11
4
-
- |
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Since death penalty is irreversible and unchangeable sentence, nothing can be done to make amends if a mistake has been made. The Thai Criminal Code, therefore, guarantees that after a prisoner is imposed the death sentence the First Court; he/she has the legitimate right to appeal to the Appeals Court and then the Supreme Court. There is no immediate execution in Thailand. Every convicted prisoner has his right to petition the King praying for pardon as indicated in the Criminal Procedure Code of Thailand.
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There are two types of Royal Pardon in Thailand : one is the Individual Royal Pardon, which is the right of convicted prisoner to petition to the King as indicated in Section 259 of the Criminal Procedure Code, and the other one is the Collective Royal Pardon, which provided by the Royal Decree enacted in certain significant occasions of the country. Both types of Royal Pardon shall avail impact on the death penalty.
1. Individual Royal Pardon
Like other convicted prisoners, prisoners sentenced to a death penalty or interested person may submit an Individual Royal Pardon through official channel, especially through the prison authority. After receiving the prisoner's petition, the prison authority needs to prepare necessary documents and then passes the petition and all documentations to the Department of Corrections, the Ministry of Justice, the Office of the Prime Minister, Office of the Privy Council and to His Majesty the King respectively.
Result of Individual Royal Pardon of Death-sentenced Prisoners
Year
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No. of Petitions Submitted |
Pardon Granted |
Pardon Rejected |
Commutation of Sentence Term |
Unconditional Release |
2001
2002
2003
2004
2005 |
21
32
70
82
110 |
12
32
63
76
98 |
10
10
2
2
- |
11
11
4
-
- |
As of November 2005
 Click to see process of individual royal pardon
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2. Collective Royal Pardon
While the Individual Royal Pardon is the right of each convicted prisoner that can be submitted at his/her convenience, the Collective Royal Pardon is availed occasionally on certain important national events such as the King's and the Queen's birthday anniversary. No petition is required, and prisoners shall receive benefits as indicated in the Pardon Decree, which details may vary from one decree to another. It is always indicated in each Pardon Decree that person sentenced to death shall receive a commutation, which turns the death penalty into life imprisonment. The country's latest Pardon Decree was the “Pardon Decree B.E. 2547 (2004)” to commemorate HM.The Queen's 6 th Cycle Birthday Anniversary promulgated on August 11, 2004.
Click to see process of collective royal pardon
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