THE RIGHTS OF THE ALLEGED OFFENDER TO APPEAL AGAINST THE ORDER NOT TO BE RELEASED FOR A TEMPORARY PERIOD IN THE INQUIRY STAGE

Abstract

                The objectives of this research are to examine concepts, theories, and laws concerning protecting the rights of suspects and accused - in order to appeal for a temporary release period in the inquiry stage. The study is comparative research between the laws of foreign countries and the law of Thailand. The researcher analyzed the problem of whether suspects and accused are not entitled to appeal against the order not to be released for a temporary period in the inquiry stage. Also, the problem of detention of the accused in the investigation level, including issues about persons having the power to consider and exercise discretion, not temporarily released at the inquiry level, which affects the rights and liberties of the accused in order to find a way to solve the mentioned problem. The research indicated that when a person is arrested and prosecuted by the law. The arresting officer will detain a suspect for investigation at the police station within 48 hours from the time of the arrest. If the suspect would like to request a temporary release, it can be done by submitting a petition to the authority, which is the Chief of Investigation Officer. If the petition is denied, it is considered a final order. Therefore, the appeal for objections to detention has not passed the law - the length of detention before the prosecution is taking longer than some cases. Nonetheless, the suspects may lose their rights to fight and justice in the process. The researcher suggests as follows it is recommended to add the statements under the last paragraph, the Criminal Procedure Code, Section 108/1, provided that "the accused has the right to appeal the order of provisional release not in the investigation level to the supervisors with the powers that are higher than the other levels as the consideration. Therefore, the result of the appeal is final and agreed upon Section 87 of the Criminal Procedure Code. It should be amended by allowing a shorter time limit for detaining the accused, including the temporary release committee for investigating the accused at the police station level, consisting of 1) the Station Chief, 2) the Chief of Prevention, 3) Inspector Officer, 4) the Chief of Investigation, and 5) Investigation Officer.