The Appeal Court's acquittal of six young men on Tuesday of lese majeste charges -- on the grounds that they did not intend to commit the crime -- marks another positive step forward in the way allegations of defaming the Crown are handled.
But even though the six men have been cleared of lese majeste offences charges for setting fire to some royal portraits, they were still convicted of criminal association and damaging public property and will have to serve lengthy jail terms.
The severity of the punishment is a result of prosecutors' decision to pursue additional criminal charges against them.
It also reflects the bigger picture of how law enforcement is shifting away from prosecuting political dissidents on the basis of lese majeste and focusing more on other criminal charges against actions that are minor offences, or politically motivated.
The six men, aged 18-20, were arrested last year for torching the portraits at various spots in Khon Kaen province. The first court found them guilty of lese majeste, arson damaging property, and organised crime.
The Appeal Court reduced their jail terms for the two latter counts, which vary for each of them. Those who were originally given 11.5 years had this cut to nine; seven years and eight months was shortened to six years; and those handed three years and four months had the four months shaved off, according to Reuters.
Since they had been hired to burn the portraits, charges of lese majeste under Section 112 of the Criminal Code were dropped due to lack of intent.
The court's discretion on this matter reflects its adherence to one of the core principles of the criminal law: the need to prove intent and motive.
Similarly, since the beginning of this year, there have been four other acquittals of lese majeste charges, a rare development that is becoming more commonplace.
In June, human rights lawyer Prawet Prapanukul was cleared of a royal defamation charge by the Criminal Court but he was still sentenced to 16 months in prison for sedition due to the material he posted online.
Singer-turned-activist Thanat Thanawatcharanont, or Tom Dundee, was cleared of two lese majeste cases in March and June because the court took the view that prosecutors had failed to prove he committed the crime.
Earlier in January, 85-year-old historian Sulak Sivaraksa was cleared of another lese majeste charge for questioning official accounts of a 16th-century elephant battle.
There have been no new prosecutions this year, which indicates the changing mindset of law enforcement officers. Despite this, there have still been at least 94 people prosecuted for lese-majeste since the 2014 coup, according to the Thai Lawyers for Human Rights Centre.
Most were brought against government critics and political dissents. Ten cases have yet to be heard.
Notwithstanding the changed attitude, law enforcement officers -- from the legal team of the National Council for Peace and Order (NCPO) to police and prosecutors -- have still pursued other criminal charges against activists and dissents, mainly on the grounds of sedition and computer crime.
It's a good thing that they've been careful to avoid using Section 112 for political cases.
However, that doesn't mean they should resort to bringing other offences under the criminal law against political dissidents and activists just to seek a more severe punishment that may be disproportionate in scale to their wrongdoing.
Thailand's human rights record since the coup has been poor. The justice system is now the subject of international criticism. The NCPO has pledged to reconcile political conflicts, but its pursuance of criminal prosecutions against critics and dissidents has instead deepened the political divide and provoked resentment.
Law enforcement officers should strictly adhere to the rule of law and avoid sending people to jail for minor offences or political activities. Severe punishment should not be meted out randomly. The punishment must fit the crime.