Problems and Measures From Granting Witness Immunity of Law Enforcement Agencies
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Abstract
Due to legal provisions in Thailand, some enactments grant authorities the power to take individuals as witnesses in various statutes, including the police regulations on cases
in Section 8, Chapter 7 of the National Police Office, Sections 257 and 258, and regulations of the Office of the Attorney General concerning the Criminal Proceedings of Public Prosecutors, B.E. 2563 (2020). These provisions dictate the taking of suspects as witnesses, as outlined
in Section 2, Chapter 10, Article 81, regarding taking a suspect as a witness, and Article 82, regarding the interrogation of a suspect issued a non-prosecution order as a witness. The legal provision empowers law enforcement officers to take individuals as witnesses in other special cases, as follows: the Anti-Participation in Transnational Organized Crime Act B.E. 2556 (2013), Section 23; The Organic Act on Anti-Corruption, B.E. 2561 (2018), regarding the prevention and suppression of corruption, Section 135; and the National Anti-Corruption Commission's Announcement on criteria, methods, and conditions for taking individuals as witnesses without initiating legal proceedings, B.E. 2561 (2018), Section 5; executive measures in the Anti-Corruption Act, B.E. 2551 (2008), Section 58; and the Announcement of the Public Sector Anti-Corruption Commission to prevent and suppress corruption in the public sector about criteria, methods, and conditions for excluding a person or the accused from being a witness without prosecution, B.E. 2560 (2017). This article has the objective of studying the problem of deprivation of persons as witnesses according to Thai legal concepts and theories regarding personal protection. As a witness and the criteria and procedures for revoking a person as a witness, it is recommended to enact measures for taking individuals as witnesses, explicitly stipulated within the Criminal Procedure Code, from Section 136/1 to Section 136/5. Additionally, supplementary regulations for other special cases should be included in the criminal procedural law, providing provisions for using such measures in various types of cases. However, this should be subject to the condition that there is no other available primary evidence to prosecute the offender, taking into consideration the criteria, conditions, and practices adopted by other countries.
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