Remedies and Principles of Sentencing

Access to Justice Development of Green Bench in the

Court of Justice• October 2005 : The Green Bench, a

specialized division was officially set up at the Supreme Court.

2006 : All courts of Appeal( Court of Appeal and Court of Appeal Region I- IX established Green Bench

May 2011 : Court of first instance-Central Civil Court established Green Bench.

Remedies and EnforcementDefinition:

Remedies : Judgment or courts orders which address and cure the harm.

Enforcement : The court’ power to compel obedience to public laws and orders, in order to ensure implementation of the ordered remedies.

Remedies & Enforcement are point of the effectiveness of Green Benchs

Damages

Compensatory Damages

Punitive Damages

Natural Resources Damages(NRD)

Thailand is aware that environmental problems have become global issue and are affected domestic environment

Thailand has adopted the international environmental principles in The Constitution and Domestic Laws:

-The 2007 Constitution of the Kingdom of

Thailand - Public Hearing and Right to information;

Section 57 - Environment Impact Assessment (EIA)

Public Participation and Public Interest: Section 67

Domestic laws that take concept from international environmental laws

The Enhancement and Conservation of National Environmental Quality Act 1992

-Polluter Pay Principle, Public Participation : etc

- Civil Liability Provision; Strict Liability

Pollution :Section 96 National Resource : Section 97

Section 96If leakage or contamination caused by or

originated from any point source of pollution is the cause of death ,bodily harm or health injury of any person or has caused damage in any manner to the property of any private person or of the State, the owner or possessor of such point source shall be liable to pay compensation or damage therefor, regardless of whether such leakage or contamination is the result of a willful or negligent act of the owner or possessor thereof,

Section 96 P 2 except in case it can be proved that such

pollution leakage or contamination is the result of

(1) Force or war(2) An act done in compliance with the

order of the Government or State authorities

(3) An act or omission of the person who sustains injury or damage, or of any third party who is directly or indirectly responsible for the leakage or contamination

Section 96 P 3

The compensation or damages to which the owner or possessor of the point source of pollution shall be liable according to the forgoing first paragraph shall mean to include all the expenses actually incurred by the government service for the clean-up pollution arisen from such incident of leakage or contamination

Environmental Damage Assessment

Section 97 “ Any person who commits an unlawful act on omission by whatever means resulting in the destruction , loss or damage to the natural resources owned by the State or belonging to the public domain shall be liable to make compensation to the State representing the total value of the natural resources so destroyed lost or damages by such an unlawful act or omission”

Case StudyThe Pong River is one of our landmark

case highlights the importance of the need to ensure environmental protection of share natural resources while allowing for the economic development.

In this case the paper factory released the toxic from the operation of paper process into the river which harmed to the riparian villagers

The Court decisionThe Court stated in the judgment that the

river is for the livelihood of the riparian villagers and economic development . However, the factory need to safeguard the conservation of the river environment. If the factory breach the duty, it is liable for the loss and damage .

This show that Thai Court of Justice respects the right of people in the same generation for a fair and equitable sharing of the benefit s or the Intra-generation equity.

The Principle of SentencingCriminal Cases The purpose of sentencing in criminal case to punish wrongdoing to avoid a recurrence to act as a deterrent to others

The Environmental Division of Supreme Court of Thailand

Sentencing Guidelines ; The starting point for sentencing are range from a fine , a custodial sentence with probation in particular situation.

Criminal penaltiesCivil PenaltiesAdministrative penalties

ObstaclesLegal matter criminal Cases ; Lack of alternative punishment Lack of a wide range of sanctioning instrument Civil Case Standing Class Action range of civil penalties/ Civil sanction Burden of Proof Expert witness

SolutionThe Recommendation of the Supreme Court

Environmental Procedure and ADR

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