This research intends to study the problems of criminal force of environmental impact assessment following the
enhancement and conservation of national environmental quality act, B.E. 2535, in the case of the problems of criminal
force of the person who has the legal duty to environmental impact assessment reporting but omits it.
From the study, it has found that environmental impact assessment is the measure for environment protection by
precautionary principle. The enhancement and conservation of national environmental quality act, B.E. 2535 is the source
of power of natural resource and environment minister by national environment commission approving to regulate the
type and size of projects and activities that have to report environmental impact assessment, at the present there are 34
types, each type has seriously impacts on the environment. Therefore, if the person who has the legal duty to
environmental impact assessment reporting but omit that, it maybe extremely affect on environment and human, Ecology
Crime. However the enhancement and conservation of national environmental quality act, B.E. 2535 has no regulation
aboutpunishment for that, so that is to say it lack of criminal force for this case.
The abovementioned problems, therefore, the researcher recommends to amend that act concerned to criminal
punishment for that case in chapter 7, punishment, by dividing wrongdoer into 2 types ;
1) wrongdoer who is natural persons : punishments are imprison and fine.
2) wrongdoer who is juristic persons : punishment is fine.
Moreover, wrongdoer should be also forced to make social and environment responsibility. Although it is not
punishment in criminal code of Thailand.