THE DEVELOPMENT OF LAW ON THE CONSIDERATION OF APPLICATIONS FOR RELEASING ON BAIL

Abstract

            This research aims to study the concepts, theories, and legal provisions related to the standards for considering applications for bail in the criminal justice process, which constitute an important mechanism for protecting the rights and liberty of accused persons or defendants. It also aims to develop legal guidelines and criteria for considering applications for bail in courts of first instance, appellate courts, and the Supreme Court, including the composition of the judicial panel authorized to consider such applications. The study employed documentary research by examining and analyzing information from books, academic articles, research studies, and relevant legal provisions. A comparative study was also conducted based on the principles of international law, foreign laws, and Thai law. The data were then analyzed and synthesized to draw conclusions and propose guidelines and measures for addressing the identified problems in accordance with the research objectives.
                  The findings revealed that the law does not specify the required number of judges constituting the judicial panel for considering applications for bail, resulting in such applications being considered at the discretion of a single judge. In addition, the law does not prescribe a specific timeframe for the consideration of applications for bail by the court of first instance, the appellate court, and the Supreme Court. This may result in delays that adversely affect the rights and liberty of accused persons or defendants.
                  The research therefore proposes amendments to the provisions of Title 5 of the Code of Criminal Procedure by requiring a panel of judges to consider applications for bail in cases carrying severe penalties under Section 107, and by establishing clear timeframes for the consideration of applications for bail by the court of first instance under Section 109, as well as by the appellate court and the Supreme Court under Section 119 bis. These measures are intended to enhance the standards of the bail process by making it clear, transparent, and fair, while ensuring consistency with the principles of equality and human rights in the criminal justice process.