Tawee Sodsong Closes Chapter on 'Debt Prison' as Parliament Approves Repeal of Criminal Penalties for Bounced Checks
Parliament has approved consideration of a bill to repeal the 1991 Dishonored Checks Act, which currently criminalizes bounced checks and has been criticized for imprisoning people unable to pay debts in violation of Thailand's constitution
On May 21, 2025, Deputy Police General Tawee Sodsong, list MP and leader of the Prachathai Party, announced that Parliament approved on May 20 the consideration of a bill to repeal the Dishonored Checks Act of 1991, establishing an ad hoc committee in its first reading. The law had been pending consideration before the previous parliament was dissolved.
As former Justice Minister, Tawee had proposed the repeal to the Cabinet, which then presented it to Parliament, viewing it as establishing a justice system consistent with Thailand's Constitution, international principles, and economic reality. The core argument is that the 1991 law inappropriately criminalizes civil payment defaults, violating Article 77 of the Constitution and the International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified. The ICCPR explicitly prohibits imprisoning individuals solely for inability to pay contractual debts.
Additionally, the Debt Collection Act of 2015 already penalizes creditors who coerce debtors into writing bad checks, making the 1991 law redundant. Criminologists classify bounced check offenses as mala prohibita (crimes because law forbids them) rather than mala in se (inherently evil crimes), and the current law fails to distinguish between struggling business operators and intentional fraudsters, unfairly criminalizing honest entrepreneurs facing temporary cash flow problems.
The bill includes a transitional provision allowing the Department of Corrections to immediately release inmates convicted solely of bounced check offenses without awaiting court orders, with notification to courts.
