ปัญหาข้อจำกัดการรอการลงโทษและรอการกำหนดโทษตามประมวลกฎหมายอาญามาตรา 56 / อัยยรัช บุญส่งสุวรรณ์ = Problems concerning the limitations of Suspension of Punishment under Section 56 of Thai Penal Code / Aiyarat Bunsongsuwan
Suspension of punishment under section 56 of thai penal code is to prevent the short term imprisonment defendant to be imprisoned, providing that, the defendant must not be imprisoned due to his intention except his light penalty or his carelessness, it means the person has done it unintentionally, the provision on section 56 empower the court inconsideration whether being of suspension of punishment for reasonable mercy under the legal limitation. On the study we see that the defendant, ever imprisoned for any long time his carelessness, the court can make his determination to suspend his penalty, futhermore, the defendant who has been suspended of penalty will have further- like decision again, this process is indifferent from any other countries: for example, japan, france, korea but they countries to accept the person who was imprisoned can be suspend again. On the limitation of criminal code,section56 we can not achieve our objective in avoiding short term imprisonment where they try to prevent the miner guilty to stay with inherited their and to learn the activities in prisons, however, the carelessness person with over two years imprisoned can be exempted to do only suspension of punishment while the minor guilty with short term imprisonment can not be suspended, therefore, should have the provision in section56 criminal code corrected so that court can take his discretion to suspend, even though the person may be intentionally guilty or being imprisoned that we can consider the category of penalty or reprieve that must not be over one year by consideration whether to be suspended when it is over five year since the imprisonment person relieved form the prison.
