LEGAL ISSUES CONCERNING CRIMINAL PENALTIES UNDER THE ORGANIC ACT ON POLITICAL PARTIES B.E. 2560 : A CASE STUDY OF FALSE REPORTING OF POLITICAL PARTY SUBSIDY EXPENDITURES

Abstract

This research article aims to 1) examine Legal issues concerning criminal penalties under the organic act on political parties b.e. 2560 : a case study of false reporting of political party subsidy expenditures 2) to compare criminal penalties of False Reporting of Political Party Subsidy Expenditures in foreign countries and Thailand. 3) propose legal guidelines for Criminal Penalties in
case study of false reporting of political party subsidy expenditures. This study was qualitative research. It examined legal documents, legal provisions, books, articles, research papers, theses, other academic papers by descriptive analysis, in addition, it conducted a comparative analysis of the legal frameworks of Thailand, Japan, and England.

The study results revealed that 1) the criminal penalties prescribed under Section 130 of the Organic Act on Political Parties B.E. 2560 fail to effectively deter the commission of offenses. 2) Thailand and Japan adopt
a fixed sum system for criminal penalties. Nevertheless, Japan also providing for imprisonment or both imprisonment and a fine. In contrast, the United Kingdom employs a flexible fine system together with imprisonment penalties. 3) the study proposes amendments to Section 130 of the Organic Act on Political Parties
B.E. 2560 by introducing cumulative imprisonment and fines, replacing the fixed sum system with a fine proportional to the benefits derived from the offence, and establishing additional measures to prevent repeat offending. The study further proposes that such conduct be classified as an offence of fraud against the State. These amendments would enhance the effectiveness of criminal sanctions for offences involving the false reporting of political party subsidy expenditures and enable them to better achieve their intended objectives.