CRIMINAL PENALTIES SHOULD APPLIED RESTORATIVE JUSTICE AND THE COMPROMISE AT THE POLICE INTERROGATION STAGE

Abstract

Researchers study the general principles on Restorative justice (R.J.) practices and guidelines that currently exist in both foreign countries and Thailand by analysis of restorative justice and dispute resolution in criminal inquiry stage under the Penal Code Act and Traffic Act B.E.2522 which private persons and co-victim of private & state in such small cases should not be brought up to the courts. Restorative process should be used to alternatives dispute resolution in criminal inquiry stage. Researchers also study from educational books, thesis, researches, documents from various seminars, journals and the Internet in connection with aforesaid restorative justice. From the study documents, seminars and hearing from such opinions of those associated with the criminal justice process that the use of dispute resolution and restorative justice in criminal investigation are in conclusions as follows; it should have new law to support as an exception or a deviation in certain types of criminal cases not appropriate to be brought into mainstream criminal justice process. 2. some types of criminal offense that should be used dispute resolution and restorative justice in criminal investigations are as follow: สุทธิปริทัศน์ ปีที่ 30 ฉบับที่ 93 มกราคม - มีนาคม 2559 49 1) criminal compoundable cases; 2) misdemeanor cases; 3) criminal negligence cases, including the negligence in traffic cases; 4) criminal uncompromised cases not exceeding 5 years imprisonment.