Paper Title
The Pardon in Criminal Cases: Standards for Clarity and Fairness

Abstract
This study examines the Thai legal system concerning the pardon of criminal offenders, their reintegration into society, and the social impact of such pardons. The objective is to identify the issues surrounding the pardon process and propose improvements for the legal framework governing pardons. The study reveals that a pardon refers to the reduction or commutation of a criminal sentence rather than an expungement of the offense committed. Individuals granted a pardon remain legally recognized as having committed a crime and been convicted. A pardon may be unconditional or conditional but does not nullify the original judicial decision, even if the pardoned individual is released. The Thai concept of pardon is deeply rooted in historical and cultural traditions, stemming from the legal principle that "the King is the source of justice," making the monarch the final recourse for seeking justice for offenders. The royal pardon tradition has been passed down from ancient times to the present and represents the King's absolute authority to grant clemency on significant national occasions. This authority is unrestricted by conditional limitations. However, following the transition to a constitutional monarchy, the power to grant pardons must be derived from the 2017 Constitution of the Kingdom of Thailand, specifically under Section 179 in conjunction with Section 175 and Section 261 bis of the Criminal Procedure Code, which define the authority and procedures for granting pardons. The act of granting pardons may undermine the integrity of the law if criminal offenders are released without a genuine acknowledgment of their wrongdoing. This leniency could lead to a perception that law enforcement is not stringent, eroding public confidence in the legal system. Additionally, pardons may overlook the rights of victims and their families, sometimes causing social criticism. The study suggests that the pardon process should be transparent and well-defined. Clear criteria should be established for eligibility, including the duration of the sentence served, behavior in prison, and the nature of the crime. Special consideration should be given to serious offenders to prevent them from receiving pardons under the same standard criteria as other inmates. Addressing these inconsistencies will ensure that the pardon process is fair and does not undermine public trust in the justice system. Keywords - Royal Pardon, Pardon System in Thailand