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Illegal wildlife trade in Thailand

Illegal wildlife trade in Thailand. Presented by Kidngarm K.LI Judge of the Office of the Judiciary Court of Thailand. Situation - 7 th Economic and Social development plan ( 1992-1996): to maintain economic growth and achieve sustainable development.

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Illegal wildlife trade in Thailand

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  1. Illegal wildlife trade in Thailand Presented by Kidngarm K.LI Judge of the Office of the Judiciary Court of Thailand

  2. Situation -7th Economic and Social development plan (1992-1996): to maintain economic growth and achieve sustainable development • Legal instrument and Government effort in handling with the illegal wildlife trade The overview of the wildlife trade situation in Thailand

  3. Wild Animals Reservation and Protection Act 26 December 1960 (B.E. 2504) The Wildlife Reservation and Protection Act 1992 (B.E. 2535) was adopted on 19 February 1992 Legal instrument

  4. Government effort For Wildlife Preservation

  5. The causes of the decline of wildlife in Thailand

  6. Legal Enforcement Prevention • (1)Low penalties prescribed by law if compared to rich rewards as it enacted since 1992 • (2)Sentences may vary between regions because each region may vary from each other and defendant’s circumstances • (3)Few cases appealed to the Supreme Court so there is not too strong sign to show people of how seriousness the crime is. • (4)The understanding and experience of the prosecution about environmental case handling. • (5)Limitation in Court Procedure : we categorize wildlife offences as criminal cases which plaintiff has a duty to proof guilty. • (7) Gap of law and a limited number of enforcement officer • In order to reduce the opportunity to do the offences • Make it more difficult, more risky and less rewarding To be analyzed?

  7. (1) Maximum penalties applicable to wildlife trade in Thailand under The Wildlife Reservation and Protection Act 1992

  8. Some sentences might slightly vary from region to region because each region differentiate from each other and it has to take into account the defendant’s circumstances. Besides, judges are independent in trial and adjudication, they have the discretion to consider relevant factors before sentencing without any interference. However such sentences are within the law prescribed. • It should be noted that the effort of the Supreme Court in developing the sentencing guideline will be a tool for judges to exercise their discretions consistent nationwide. Nevertheless, not many cases were appealed to the SC and almost of them asking to suspend sentences. • The establishment of Green Bench in all levels of court helps to create capacity building of judges in handling environmental cases. The Court of Justice also provide training to judges in environmental knowledge and adjudication. (2)-(3)Judicial Sanction

  9. Statistic of the crime against wildlife appeal to the Supreme Court in the past 6 years

  10. Wildlife offence was categorized a criminal case which the plaintiff has a duty to prove the defendant’s guilty. We use criminal procedure law which was not designed for environmental law offences. Fortunately, we are in the process of drafting environmental case procedures which will use inquisitorial system. (5) The limitation of Court Procedure

  11. Prevention is better than cure

  12. Thank you for your kind attention !

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