Editorial – Abolish Imprisonment in Lieu of Fines
Thammasat University academics propose abolishing imprisonment for unpaid fines in Thailand, where 40,000-50,000 people are jailed annually due to poverty, with five political parties showing support for replacing detention with community s
Assoc. Prof. Parinnya Thaewanphimolkul along with law students from Thammasat University have submitted a draft amendment to Section 29 of the Criminal Code to abolish imprisonment in lieu of fines to representatives from five political parties.
The key proposal involves replacing imprisonment with systematic community service or public benefit work to address the "imprisonment due to poverty" problem—a long-standing inequality.
While current law appears neutral, identical fine amounts in practice affect people of different economic status differently. Between 40,000-50,000 people are imprisoned annually for unpaid fines. Although Section 30/1 provides for community service as an alternative, access is below 10%.
This means the legal "right" cannot be genuinely used by most people.
The stance of representatives from the five political parties showing principled agreement is a positive signal. Chaturon Chaisaeng from Pheu Thai Party, who has previously studied justice and poverty issues, pinpoints the core problem: identical fine systems have never truly been equal. He proposes expanding community service to all groups, not just the poor. This concept is important because it shifts the perspective from punishment as restitution to punishment that creates social value.
Allowing knowledgeable or skilled individuals to contribute public service time not only benefits society but makes punishment carry greater moral weight than mere financial payment.
Meanwhile, the Phalang Prachachon Party connects this to a larger issue: some defendants haven't been convicted yet but are restricted in freedom simply because they lack bail money.
However, the question for the five major parties is how to make this actually happen. Historically, many legal reforms have stopped at principled agreement but never became enforceable law.
Abolishing imprisonment in lieu of fines is not merely reducing the number of incarcerated people, but elevating Thailand's justice standards to align with true human rights principles and fairness.
With all political sides in agreement, what society expects is action, not just supportive words. If all five parties—Pheu Thai, Phalang Prachachon, Phum Jai Thai, Kla Tham, and Prachatipat—genuinely share this position, coordinating in Parliament should not be difficult.
It would also be important proof that Thai politics can still build consensus on matters benefiting the public.
