Draft Act on Repealing the Act on Offences Caused by Check
The cabinet approved in principle the draft Act on Repealing the Act on Offences Caused by Check B.E. 2534 B.E. …. (“Act”) upon the Ministry of Justice proposal. The draft Act will be Thepassing to the Office of the council of State for further consideration and proceedings.
In this regard, the draft Act has been proposed to be in accordance with the principle of enforcing the law for necessity, cancel or amend the law that is unnecessary or not suitable with the presence events, is considered obstacle to life or profession without delay for the benefit of people and determine the criminal sanction primarily on serious offence according to Section 77 of Thailand Constitution. It is also for being in accordance with Clause 11 of the ICCPR stating that a person shall not be imprisoned for unable to perform according to the contract.
The Act will be expedient to the commercial bank in enforcing their policy to enhance the creditability of check through enforcement of customer screening policy without implementing of criminal sanction.
This is to reduce enforcing criminal sanction to force performance from civil debtors and save the procedural budget on criminal justice processes including implement domestic law to be in accordance with the international principle and conventions where the authorized government unit approved such draft act.
This Act shall be enforced and implemented after 120 days of announcing on the government gazette has lapsed.