Independence and Performance Guarantees of the Public Prosecution Organ

Abstract

The objectives of this research article were to examine (1) concepts, philosophy, theories, law, and literature related to the Thai Public Prosecution Organization, foreign prosecutors, the roles of prosecutors as recommended by the guidelines of the United Nations, the professional standards of the Association of Prosecutors Association. (2) the independence and performance guarantees, as well as the organization of the Thai public prosecution , as compared to foreign prosecutors, and the organization of the Thai courts. (3) the problems involving independence and performance guarantees and the organization of the Thai public prosecution. (4) The researchers used the qualitative research methodology by using 3 methods of data collection, namely document research, in-depth interviews of 20 people and focus group discussion of 10 people and analyzed the data by using content analysis techniques and comparison.

The results of the research were as follows: Prosecutor bodies of Thailand, France, Japan and England have different statuses or forms depending on the constitution recognizing the independence of the prosecutor body in the execution of the case and the performance of duties. In addition, the study also found that Thai prosecutors’ and related laws are flawed and unclear in the protections of the guarantee of independence and the actual performance of the prosecutor’s duties that need to be revised for the performance of duties will be in accordance with the roles of prosecutors as recommended by the guidelines of the United Nations, the professional standards of the International Association of Prosecutors Association, recommendations on the roles of prosecutors in criminal justice systems of the European Council.