This research has the objective of studying problematic characteristics and conditions in the sentencing process in Thai courts, both in legislation and in practice. In addition, it intends to examine existing fact-fif inding mechanisms for sentencing in order to understand their effectiveness and limitations, as well as to explore structures to advance the sentencing process. The fif indings of this research are that the Criminal Code lacks provisions regarding the purposes of punishment and explicit criteria for sentencing, resulting in the absence of a connection between rendered sentences and the principles of punishment in the laws. The indistinct nature of the court’s discretion in determining sentencing outcomes, coupled with inconsistencies in the use and weighting of sentencing factors, further exacerbates the def iciencies in the sentencing process. Additionally, a lack of public and party participation, along with the absence of a systematic fact-f inding process during criminal trials, underscores the need for reform. The centralized and limiting nature of the fact-f inding role in courts, particularly evident in the judge on daily duty system (Wain-Chee), imposes constraints on the fact-f inding process for sentencing. In regard to aforementioned f laws in sentencing process, the researcher proposes a model to reform the punishment adjudication by creating sentencing guidelines through an internal mechanism of the Court of Justice, namely
the sentencing commission. The sentencing guidelines are advisable to contain the objectives of punishment, criteria for imposing penalty, sentencing factors and levels of punishment. It deems crucial for each court to have authority to adjust sentences in accordance with local considerations. The development of sentencing guidelines should include public engagement and disclosure of contents. The implementation of fact-f inding for sentencing process in the civil legal system is recommended, i.e., gathering sentencing factors by inquiry off icials at the stage of investigation, thoroughly assessing substantiation for sentencing by the court prior to adjudication, abolishing excessively brief trial and adjudication, and initiating litigants’ opportunities to propose and attest factors for determining sentences. Keywords : sentencing process, criminal punishment, penalty