THE PROBLEM OF LEGAL INEQUALITY IN THE TEMPORARY RELEASE IN CRIMINAL CASES

Abstract

Abstract

The purpose of this research is to study and analyze the possibility to use risk assessment for temporary release in Thailand. The method used in this research was the qualitative method by studying from the existing documents and various regulations. Furthermore, a selected model law relating to the temporary release by determining the conditions of Washington, States of America is studied and analyzed.

The result shows that Thailand’s temporary release system still have limits which cause inequality to the defendant due to the restriction of usage to a certain penalty rate of cases as well as imposing duties to the defendant to find a person to certify his/her behavior. This tool is designed to help support decision-making in the provisional release of the court, instead of relying only on the court’s discretion. This system will also eliminate inequality in accessing justice process.

There are suggestions to amend the provisional release law of Thailand. An additional law on risk assessment should be made in the Criminal Procedure Code, Section 108, and electronic devices (EM) can be used to control defendants with a penalty rate of more than 10 years, at the discretion of the court. To reduce inequality in society