Innocent former teacher entitled to compensation
PEOPLE jailed and later found innocent of a crime are entitled to compensation, Thawatchai Thaikhiew, the deputy permanent secretary for justice, said.
Thawatchai said former Sakhon Nakhon schoolteacher Jomsap Saenmuangkhot – who served 18 months in prison for a 2005 hit-and-run crime that she did not commit – would be entitled almost Bt165,000 in compensation from the Justice Ministry, while her reinstatement as a teacher was up to the Education Ministry.
As Jomsap’s retrial is set for January 16, Thawatchai said the authorities would wait until the court exonerated her before they push for remedial |measures.
Based on the Damages for the Injured Person and Compensation and Expenses for the Accused in Criminal Case Act, Jomsap would be entitled to the daily minimum wage of Bt300 |for each of the 548 days she was |incarcerated, adding up to Bt164,400 in compensation.
She will also be entitled to claim other compensation, including up to Bt40,000 in medical treatment, up to Bt50,000 in mental health rehabilitation, up to Bt40,000 in lawyers’ fees and court trial expenses.
Based on the Act, a person whose human rights have been violated due to detention pending trial and who turn out to be innocent, is entitled to up to Bt40,000 medical compensation, up to Bt20,000 in mental and physical rehab.
Compensation for loss of earnings while in detention is based on the minimum daily wage.
In the event of death, compensation could reach Bt100,000.