LEGAL ISSUES IN PROTECTING THE RIGHTS OF VICTIMS, SUSPECTS, AND INVESTIGATING OFFICERS DUE TO NEGLIGENT OR DELAYED INVESTIGATIONS

Abstract

Abstract

This academic article examines the legal issues surrounding the protection of the rights of victims, suspects, and investigating officers arising from delays and negligence in the criminal investigation process. Its primary objective is to analyze the deficiencies in the legal framework, administrative regulations, and investigative structures, while also proposing reforms to enhance justice and transparency. The findings indicate that Thailand's criminal investigation process faces four major challenges: (1) the lack of independence of investigating officers, who are placed under the authority of supervisory and executive branches, allowing political or administrative interference; (2) the ambiguity of legal provisions, particularly Section 134 paragraph two of the Criminal Procedure Code, which grants overly broad discretion to investigators and may result in the infringement of suspects’ rights; (3) inconsistencies and conflicts in regulations, especially between the Royal Thai Police’s directives and the Ministry of Interior’s administrative rules, which permit misuse of authority and undermine transparency and justice; and (4) the absence of specific provisions regarding the time limit for investigations under Section 143, which contributes to unnecessary delays in legal proceedings. Accordingly, this study recommends amendments to the relevant laws and regulations, including the Criminal Procedure Code (Section 18, final paragraph; Section 134, paragraph two; and Section 143, paragraph two (a)), the Ministry of Interior’s Regulation B.E. 2523 (1980), and Royal Thai Police Order No. 419/2565. The proposed reforms involve establishing clear criteria for the notification of charges, procedures for supplementary investigations, delineation of the duties of investigating officers, and time limits for investigations, as well as introducing a transparent oversight mechanism. These measures aim to ensure that criminal investigations are fair, transparent, and efficient, thereby laying the foundation for a more trustworthy and sustainable justice system.