'Day fine' system would hit rich harder, avoid jail

[Admin]

CRIME AND PUNISHMENT
'Day fine' system would hit rich harder, avoid jail
By THE NATION
2011-06-07

A system of fining offenders based on their income, the so-called day fine, should be used in Thailand as an alternative to imprisonment for petty crimes, says the Thailand Development and Research Institute (TDRI).

A day fine adds an amount above the minimum fine for a particular offence, based on the offender's daily personal income. The system has proved successful in some European countries as a way to punish those committing non-felony offences, as it saves public funds by avoiding imprisonment, said Somkiat Tangkijwanich, a senior TRDI researcher.

For the offender, the day fine saves him or her from wasting time under detention in the case of those possessing unique skills or who are not violent or career criminals. They would also avoid the stigma of being a former inmate, as the record would show them as having only paid a fine, he said.

As the day fine is based on an offender's daily personal income, the wealthier pay higher rates, resulting in a perception of fairness among members of society, said Sunthorn Tanmanthong, a co-researcher on the subject.

In many countries including Thailand, a fine is not regarded as a substitute for a jail sentence, but is additionally imposed, mostly in place of suspended imprisonment. But in Sweden and Germany, day fines are imposed as the only sentence with or without suspended imprisonment.

In Thailand, offenders with high incomes, 20 per cent of the total, earn 15-20 times as much as the poorest, who make up another 20 per cent.

Several criteria are used to calculate the day-fine rates, including the number of days, and daily personal income based on various conditions. Courts need to have authorities check out offenders' financial records and determine whether they profited from their crimes, which would result in different calculation formulas.

However, there could be constitutional considerations involved, in Thailand and elsewhere - for example, the principle that one should be punished fairly and equally for crimes one commits.

In the case of Thailand, the TRDI concluded that day fines should be imposed for petty crimes, either together with other sentences including community service or as a standalone measure, while imprisonment should be imposed in case of violent crimes only.

The TRDI did not cite types of petty and violent crimes in this study.

[urleft]

and probably 2.5 x Fine for Farangs.

[isanbirder]

The system would only work for people in salaried jobs;  for anyone else the calculations would be far too complicated... and inaccurate.