Criminal compensation fund runs dry after five months

Criminal compensation fund runs dry after five months

Compensation and remedy claims sought by victims in criminal cases and wrongfully convicted people from the government have shot up, forcing the Justice Ministry to seek additional funds this year.

The 300-million-baht annual budget set aside for the purpose for fiscal 2018 was used up after seven months, according to Pitikarn Sitthidej, director-general of the ministry’s Rights and Liberties Protection Department.

The money was given to 5,642 people or their descendants. Of them, 5,611 were victims or damaged parties, who received 294 million baht, and 31 were wrongly convicted defendants, who got 5.9 million.

“More are now on the payments wait-list and we had to ask the government to give us some funds from the central budget,” she said.

The central budget is at the disposal of the government, mainly for emergencies, disaster relief or other contingent expenses. It is approved as a lump sum and does not require parliament approval or scrutiny.

Ms Pittikarn said the government had approved 210 million baht from the central budget and payments would be made to those on the wait-list within this month.

A law was enacted 17 years ago to compensate for victims and wrongfully convicted defendants in criminal cases. A panel of officials and experts determines the remedy based generally on actual costs and the ceilings set by a ministerial regulation.

According to data from the Rights and Liberties Protection Department website, eligible offences are some of those causing public dangers, relating to sexuality, against life and body, against liberty and reputation, and against property.   

Victims of a criminal case are entitled to remedy for medical fees (up to 30,000 baht), physical and mental rehabilitation fees (20,000 baht), lost income (200 baht a day up to one year) and other damages (up to 30,000 baht).

If they die, their descendants get a remedy of 30,000-100,000 baht) and more for funeral fees (20,000 baht), loss of caretakers (30,000 baht) and others (30,000 baht)

For miscarriages of justice, defendants are compensated for medical fees (up to 30,000 baht), rehabilitation (50,000 baht), lost income (200 baht a day), lawyer fees (4,000-100,000 baht depending on the severity of punishments) and others (30,000 baht).

If they die as a result of the prosecution, their descendants get 100,000 baht and compensations for funeral fees (20,000 baht), loss of caretakers (30,000 baht), others (30,000 baht).

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