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.
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.
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.
Civil Partnership Bill and Amendment to Civil and Commercial Code
On 7 June 2022, at Santi Maitree Building Government House, the Cabinet has approved a draft “Act on Civil Partnership Bill (“Act”) and amendment to Civil and Commercial Code (“CCC”)” which were considered by the Council of State.
The purpose of this draft Act is to enact a specific law to support the rights and duties of LGBT+ people and for gender equality and to amend the CCC which is a general law to be in line with the draft Act.
1. This draft Act consists of 4 Chapters and 46 Sections as follows:
1.1 Prologue (Sections 1–5) establishes the timeline for law enforcement and various important definitions, especially the term “partners”.
1.2 Chapter 1 registration of a life partners (Sections 6 – 14) prescribing rules and procedures for registration of a life partner.
1.3 Chapter 2 partners (Sections 15 – 38) dividing into 5 parts as follows:
(1) Part 1 general provisions (Sections 15 – 21) stipulates those provisions of the CCC on the family shall be applied to the partners if there is no specific provision in this Chapter.
(2) Part 2 relationship between partners (Sections 22 – 23)
(3) Part 3 properties between partners (Sections 24 – 27)
(4) Part 4 void of registration of being partners (Sections 28-31)
(5) Part 5 termination of partnership (Sections 32 – 38)
Chapter 3 adopted children (Sections 39 – 44)
1.5 Chapter 4 inheritance (Sections 45 – 46)
2. A amendment to CCC consists of 5 Sections with the purpose of amending Sections 1452 (duplication of Marriage Registration), 1516 (1) (grounds for divorce) and 1528 (termination of right to receive pension) in the order to support the life partner’s matter as well.
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.
Amendment of Criminal Procedure Code on Hearing Proceedings
On January 4, 2022, the Cabinet has approved in principle a draft Act Amendment of the Criminal Procedure Code (No..) B.E… (“Draft Act”) in order to amend Section 172 paragraph five and adding paragraph six to such section.
The purpose of this Draft Act is to amend the Criminal Procedure Code to allow the court’s hearing proceedings and testimony taken place out of the court in a form of VDO conference proceedings in the event of public disaster or necessity for safety. It also includes the situation of coronavirus disease 2019 (Covid-19) pandemic.
This VDO conference proceedings can be conducted under consent of the defendant and the court deems appropriated. The proceedings must not cause damage or injustice to the defendant in accordance with the rules and procedures prescribed by the President of Supreme Court and it shall be deemed that such proceedings are considered and examined in the court room.
Under the rules and procedures of the President of Supreme Court, sufficient collateral must be provided for opening trial and communication between the defendant and its lawyer is private. It is also required to consider regarding the person whom the laws treat under special protection or care.