Problems of Inquiry Authority on Criminal Case of Administrative Officials or Police

Abstract

The objectives of this research were to study (1) the background and significance concerning problems of authority of inquiry authority on criminal case of administrative officials or police; (2) and the legislative measures of inquiry authority on criminal case of administrative officials or police both in Thailand and in other countries; and (3) the proper solutions for the aforementioned problem. The research applied the qualitative approach and the in-depth Interview from the key informants as the data collection. Interviewing form were reviewed by three experts, and the research conclusion had been made inductively.

          The studies found that inquiry was the evidence collection and other procedures according to the provision of Code of law in connection with an alleged offence, for the purpose of ascertaining or falsifying the facts to bring the offender for punishment. Inquiry official then shall be a responsible official with the given power and authority for inquiry. According to the law on Section 18 of the Criminal Procedure Code of Thailand identified that “in other Changvads (means province) other than Changvad Phra nakorn and Changvad Dhonburi, a superior administrative or a police official, Palad Amphor (mean Duputy District Chief) or a police official from the rank of Sub Lieutenant or its equivalent have the inquiry power and authority in the case that an offender has been committed within one’s territorial jurisdiction, or believe to have been committed, or the offender has been arrested in one’s territorial jurisdiction.” However, it was not written on the Code that if a particular criminal offence has been committed, who will be the inquiry official between an administrative official or a police official, which lead to the unclear perceptions among inquiry authority, lack of unity, as well as redundancy of commands and confusions in the justice process.

          In order to provide solutions for the aforementioned issues, researcher would suggest issuing the ministerial regulation to mend the limitation of authority on criminal inquiry and expand more authority to inquire. The authority shall be assigned to administrative officials as inquiry officials, and enact an act which is directly related to inquiry. The aforementioned solutions would result in more clear and unity; reduce the redundancy of commands and confusions in the justice process, as well as to protect right and liberty of the people.