Problems of Determining the Qualifications of a Volunteer Lawyer in a Criminal Case

Abstract

          The objective of this study was to investigate problems of determining the qualifications of a volunteer lawyer in a criminal case by considering 1) minimum age requirement for volunteer lawyers, and 2) the investigating officer procures lawyers according to the number of accounts provided. This study was qualitative research by analyzing documents, concepts, theories, related legal documents both Thailand and foreign countries in order to create suggestion to amend the law.

          The study results revealed that problems of determining the qualifications of a volunteer lawyer in a criminal case consisted of 1) Announcement of the Volunteer Lawyers Committee regarding recruitment and appointment of volunteer lawyers at the meeting of the Volunteer Lawyers Committee No. 3/2562 on July 23 B.E.2563 (3) requires that those who come to be volunteer lawyers must be at least 23 years old on the date of application. The minimum age limit is too low, which may lead to a lack of coverage in litigation. And 2) Ministerial Regulations prescribing rules, procedures and conditions to be complied by inquiry officials in procurement of lawyers for accused persons in criminal cases, B.E. 2549, article 6, for recruiting volunteer lawyers. The investigating officer shall procure a lawyer for the accused from the list provided by the Ministry in the order of the number of accounts provided. Assigning such a roster, the accused or defendant may have a volunteer lawyer who does not match the expertise of the case.

          Therefore, the law should be amended 1) Announcement of the Volunteer Lawyers Committee regarding recruitment and appointment of volunteer lawyers at the meeting of the Volunteer Lawyers Committee No. 3/2562 on July 23 B.E.2563 (3) stipulates that those who will be volunteer lawyers must be at least 35 years old on the application date which will result in the circumspection of litigation. And amend 2) Ministerial Regulations prescribing rules, procedures and conditions to be complied by inquiry officials in procurement of lawyers for accused persons in criminal cases, B.E. 2549, article 6, for recruiting volunteer lawyers, the investigating officer shall procure a lawyer for the accused according to the expertise of the case from the accounts sent by the Ministry in the order of the number of accounts provided. This will allow the accused or the defendant to have a volunteer lawyer who matches the case.