Stricter criteria for giving Royal pardons to convicts

Normally the Royal Pardon Decree divides inmates into three groups: those who are to be released; convicts whose sentences are to be reduced; and those not eligible for any leniency. Who comprised the last group was up to policymakers depending on the domestic situation at the time. 

Amid the strong sentiment against rapists, following crime news circulated in social media such as the rape and murder of a 13-year-old girl on a train in 2014, and the attempted rape and murder of a Saraburi schoolteacher in July, this year’s decree did not include rapists, unlike in the past.

Because of pressure from society, it is harder to commute the sentences of inmates now. The 2016 Royal Pardon Decree stipulated stricter criteria, including the exclusion of inmates exhibiting “moderate behaviour” from getting jail-term reduction. This is a big change from previous decrees that would have given them some concession. 

Convicts who turn 60 and would normally be considered for release now should have served at least one-third of their total sentences or should have less than three years left to serve. 

Convicts with less than a year to serve, who would normally be released, now should have served at least one-third of their sentence, so as to prevent those who had surrendered to the authorities from confessing ahead of an auspicious occasion in order to get pardoned. 

Convicts sentenced to death, whose sentences would normally be commuted to a life sentence, or those with life sentence who would normally get a 40-year jail term, now have to serve 50 years.

Four groups of inmates are excluded from leniency: major drug dealers sentenced to more than eight years’ jail; repeat offenders or those sentenced to additional punishments for other crimes, inmates whose behaviour in prison is judged as poor or very poor; and rape convicts, including those involved in the gang-rape of a woman, who raped minors under 15, who raped and seriously injured/murdered their victims, and those who raped children under their guardianship/care. 

Out of the 300,000 people in prisons nationwide, the 2016 Royal Pardon Decree would cover 200,000 inmates who would be freed or see their serving time reduced, or even suspended. 

It is estimated that 20,000 inmates would be released, details of which were pending the reports and name lists from each prison's committee first. 

Justice Minister General Paiboon Koomchaya said he had a clear policy for involved officials to carefully consider time reduction for inmates. He said it was not the inmates’ right, but a sympathetic gesture from the state, hence there was no need to rush. 

Although the longer inmates were kept behind bars the more money the state had to spend, he said this would still help protect society from crimes.

Paiboon said he had also ordered an amendment to a ministerial regulation so that, besides the prison director’s proposal of inmate nominees, another committee led by Justice Ministry permanent secretary and Corrections Department chief would check them too. A prison’s committee would do the first screening and probe if the inmates had a relative to go to after the release and whether the damaged persons living in the same community were still in fear. Then the newly added committee led by the Justice Ministry’s permanent secretary and Corrections Department chief would have a second look. 

As society is observing the outcome anxiously, careful steps and more scrutiny could come in handy in some cases, including that of a high-profile convict who participated in some social service and got 100 days off and whose name is now among 2,000 inmates being considered for commutation of prison term.