LEGAL PROBLEMS OF NOTIFICATION OF THE INJURED PERSON’S RIGHTS AND FOLLOW-UP OF CASE PROGRESSION DURING INQUIRY STAGE

Abstract

         Study about legal problems in relation to the injured person’s rights including recognition of their rights to know case information and to follow up progression of the injured person’s case during inquiry stage under Criminal Procedure Code and other related laws of Thailand.  In addition, a comparative study on laws of foreign countries i.e. United States of America, United Kingdom and Japan was also carried out so as to seek means to revise the injured person’s rights during inquiry stage provided in Criminal Procedure Code and other related laws for efficiency of law enforcement and appropriate protection of the injured person’s rights in current situation.

            The study results such problems do not enable the injured person to exercise their rights recognized by the Constitution since people are not aware of the injured person’s recognized rights and any provisions of law neither stipulate specifically to identify who is obliged to notify the injured person of the rights to know case information and to follow up case progression.  As a result, loophole of the law in connection with hindrance of law enforcement are arisen.  In addition, as for a problem of term to finalize the inquiry official’s case statement to be filed to the public prosecutor, it is found Criminal Procedure Code does not prescribe limited period of time and proceeding in inquiry stage may take so long period of time that causing damage to the case by any evidence may be lost or damaged during the time.  Accordingly, it is necessitated for injured person to know their own rights to follow up case progression by law and the injured person’s constitutional recognized rights should be protected.

The researcher suggests an amendment to Criminal Procedure Code by providing definitely the injured person’s rights to know case information and to follow up case progression during inquiry stage and a duty to notify of such rights in addition to a duty to notify the injured person, at the time of first complaint, of a right to remedy by state authorities in benefit of protection of such rights.  By this, the inquiry official should have a liability in case of violation of law deprives the injured person’s rights. Suggestion also includes definite period of time should be stipulated where the injured person makes complaint together with adequate reliable for finalizing the case statement in order to help facilitate the injured person and to prevent bullying or delaying the case proceeding without reasonable ground until damaging the case.