Challenges of Division of Investigative Powers and Expertise of Thai Criminal Investigators

Abstract

The research aimed to study problems from the current use of criminal investigation powers in Thailand and compare legal regarding the division of powers to investigate criminal cases in Thailand, the Federal Republic of Germany, Japan, and the French Republic. To determine appropriate guidelines for dividing the investigative powers of the police in Thai criminal cases. The research analyzed data by document analysis, collecting data from laws, books, journals, theses, and research.

It was found the criminal investigation powers in Thailand. According to the Criminal Procedure Code, the police summarize the investigation and make opinions to the prosecutor. There is no division and no balance of investigative power. This causes delays and a lack of checks and balances in the investigation. In some cases with rather complex facts Involving many laws, the investigating officers lack expertise. But in the Federal Republic of Germany, Japan, and the French Republic the prosecutor had the power to investigate and prosecute criminal cases.  The police assist in the investigation of criminal cases and the list of investigations to the prosecutor. The police had the authority to investigate general criminal cases and other criminal cases under the law that were prescribed as criminal offenses, including the police who summarized the investigation and made opinions to the prosecutor. There is no division of investigative power.

The suggestion found that Thailand should divide of investigative powers of the inquiry official. The prosecutors are the Chief Investigator, who controls and plans criminal investigation from the beginning, or the Judge, Who may participate in the investigation at the request of the prosecutor.