Criminal Offenses that can be Resolved at the Investigation Officer Level by the Dispute Mediation Act B.E. 2562

Abstract

This study has three objectives: 1) To study the provisions of the Dispute Mediation Act B.E. 2562 (2019) regarding the resolution of non-compoundable criminal offenses or criminal offenses at the investigation Officer level. 2) To study the obstacles to the use of criminal mediation of disputes under the Dispute Mediation Act B.E. 2562 regarding Section 294 paragraph one, Section 295, Section 296, Section 299 paragraph one, Section 300, and Section 334 of the Criminal Code. 3) To analyze the impact on mainstream (Justice by Criminal Court) and alternative (justice (Restorative Justice) processes. By Documentary Research Method.

First, it was found that, based on statistics, Sections 41 (3) and 43 of the Dispute Mediation Act B.E. 2562 are still insufficiently implemented to reduce the court's caseload. and reduce the national budget spent on the mainstream justice system (Justice by Criminal Court). Second, it was found that non-compoundable criminal cases or criminal cases of the state under Sections 294 paragraph one, Section 295, Section 296, Section 299 paragraph one, Section 300, and Section 334 of the Criminal Code still adhere to the traditional practice of being used as a bargaining chip to seek excessive civil damages by threatening to sue and impose imprisonment. Some are unaware that these cases can be resolved at the investigator officer level under the Dispute Mediation Act B.E.2562. Finally, it was found that the results of mediation of Disputes under Sections 294 paragraph one, Section 295, Section 296, Section 299, paragraph one, Section 300, and Section 334 of the Criminal Code are not clearly evident in both mainstream (Justice by Criminal Court) and alternative (Restorative Justice) processes perhaps because data is collected separately by each agency (Royal Thai Police and the Thai Court of Justice) and is not publicly disclosed as much as necessary.