Proposal for the Repeal of the Act Governing Offenses Arising from the Use of Cheques B.E. 2534 (1991) : Promoting Fairness and Responsibility
Introduction and Necessity for the Bill:
The presentation of this bill to address offenses related to the use of cheques is essential due to the inadequacies of the Act Governing Offenses Arising from the Use of Cheques B.E. 2534 (1991). The proposed bill aims to promote the use of cheques in transactions while ensuring that criminal penalties are proportionate to the severity of the offense. This departure from the current legal framework, which employs criminal sanctions for breach of contract not aligned with constitutional principles and international agreements, underscores the need for this new bill.
Key Provisions of the Bill:
Repeal of the Act Governing Offenses Arising from the Use of Cheques B.E. 2534 (1991):
The proposed bill seeks to repeal the Act Governing Offenses Arising from the Use of Cheques B.E. 2534 (1991) in its entirety, with immediate effect upon proclamation in the Royal Gazette.
Specific Provisions:
- Acknowledgment of agreements allowing debtors to repay cheque-related debts and treating them as compromises.
- Granting judicial authority for the adjudication of cases in civil matters.
- Expedited release of individuals awaiting trial or serving sentences related to cheque offenses.
- Guidelines for calculating imprisonment terms in cases involving cheque offenses and multiple legal violations.
- Appointment of the Minister of Justice to oversee the implementation of the bill.
Benefits to the Public:
The proposed bill aims to address shortcomings in the Act Governing Offenses Arising from the Use of Cheques B.E. 2534 (1991) by aligning penalties with the severity of offenses. It seeks to establish a legal framework that promotes the responsible use of cheques while avoiding criminal implications for breaches of contractual obligations that are not of a grave nature. Additionally, the bill supports the rights and responsibilities of both creditors and debtors, allowing for negotiated repayment plans and expediting legal processes. This ensures a fair legal environment for all parties involved in cheque-related cases.
Conclusion:
In summary, the proposed bill aims to rectify the existing legal framework by fostering a balanced and fair approach to cheque-related offenses. By promoting the responsible use of cheques and aligning penalties with the severity of offenses, this bill aims to create a legal environment that encourages financial transactions while ensuring fairness and accountability.
Author: Panisa Suwanmatajarn, Managing Partner.
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