Offender's relevant facts is an important factor for discretion of jail
sentence in appropriate with the offender himself. Nevertheless, practically, there had still been some problem in applying those facts to the sentencing of individual case, because of those facts insufficiency as the results have shown that the sentences had not been effective in prevention and control of the crimes. This research is to study the aspects of the problems when applying the offender's relevant facts to determine the sentences and to study the theories and concepts relevant to jail sentencing process, as well as to find the solutions on applying the offenderûs relevant facts for efficient court discretion of jail sentencing. The research methods for using qualitative research through existing documentations containing Thai and foreign information in forms of books, text books, reports, articles, orders, regulations, judgments, including other sources of relevant information. All information is to be integrated for logical analysis
in comparison to foreign legal and punishment systems. The results shall be concluded respectively.The research found that the problems occurred while applying the
offender's relevant fact in sentencing are, for example, Problems in fact finding
system, legal-relevant problems, problems of court practice regulations
including problems on characteristics of the judges. For the aspect of relevant
concepts and theories, itûs found that jail sentencing requires applying
the combination of facts of the case, principles of theory and purposes of
sentencing in discretion for ultimate advantage of the punishment. The
guidelines for solution on using the offenderûs relevant facts in discretion of
jail sentence are found that it legally proper to apply the offenderûs relevant
facts in all cases through the Mixed System of fact finding, meaning that the
enquiry officers, the prosecutors and the court shall collaborate in fact finding.
Itûs also found that courtûs operating regulations should be improved including
improvement of Provisions Applicable to General Offences (Yee-Tock) into 2 dimensions; the circumstances of the case and offenderûs relevant facts. The recommendations were that all government agencies and institutions in criminal justice system should lead the criminal policy in the same manner under continual corporation including improving relevant laws, regulations, orders and operation procedures to be more corresponding with the purposes of criminal punishments.