Page 55 - JLA-03

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The research found that the problems occurred while applying the

offenderûs relevant fact in sentencing are, for example, Problems in fact finding
system, legal-relevant problems, problems of court practice regulations

including problems on characteristics of the judges. For the aspect of relevant

concepts and theories, itûs found that jail sentencing requires applying
the combination of facts of the case, principles of theory and purposes of

sentencing in discretion for ultimate advantage of the punishment. The

guidelines for solution on using the offenderûs relevant facts in discretion of

jail sentence are found that it legally proper to apply the offenderûs relevant

facts in all cases through the Mixed System of fact finding, meaning that the
enquiry officers, the prosecutors and the court shall collaborate in fact finding.

Itûs also found that courtûs operating regulations should be improved including

improvement of Provisions Applicable to General Offences (Yee-Tock) into
2 dimensions; the circumstances of the case and offenderûs relevant facts.

The recommendations were that all government agencies and

institutions in criminal justice system should lead the criminal policy in the

same manner under continual corporation including improving relevant laws,

regulations, orders and operation procedures to be more corresponding with

the purposes of criminal punishments.

Key words : The facts about the offender for jail sentencing.

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