The Problems Associated with Public Prosecutors in Enforcing the Act Establishing District Courts and Criminal Procedure in District Courts, B.E. 2499 (1956)
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Abstract
This research article aims to study and examine principles, and historical background related to criminal prosecution in district courts by public prosecutors; study and compare the legal measures related to criminal prosecution in district courts by public prosecutors in Thailand and other countries; analyze the challenges faced by public prosecutors in the criminal trial process in district courts in Thailand and other countries; and propose recommendations for amending legal measures related to criminal prosecution in district courts by public prosecutors in Thailand to ensure suitability and maximum effectiveness.
Findings are as follows: criminal prosecutions in district courts by public prosecutors face challenges such as delays by investigating officers in forwarding case files to public prosecutors, delays in approving the prosecution of suspects, and delays in filing motions for defendants to compensate damages; public prosecutors in Thailand lack the authority to conduct investigations, whereas in other countries, public prosecutors have the power to investigate; the involvement of public prosecutors in the investigation process prevents delays in forwarding case files and allows them to specify the key issues to be investigated, ensuring that the evidence can be effectively presented during trial; the study recommends legal amendments to set clear deadlines for the submission of investigation files, grant the authority to approve prosecutions to Director General for Regional Public Prosecution 1-9 and the Director General of the Office of District Court Prosecution instead of the Attorney General, with a decision timeframe of one month, and require investigating officers to inform victims of their right to claim compensation under Section 44/1 of the Criminal Procedure Code before forwarding the case files to public prosecutors.
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
References
Boonphinon, S. (1998). Prosecutorial discretion control in Japan and the application of discretion control system in Thailand. Sukhothai Thammathirat Open University, Journal of Law, 10(1), 93-101. [In Thai]
Dharmasakti, S. (1991). Explanation of the act establishing district courts and criminal procedures in the district Court B. E. 2499 (1956). Dulpaha, 38(1). [In Thai]
Kitti Suphakarn, S. (2022). Principles and judgments of the act establishing district courts and criminal procedures in the district court. Amarin Printing. [In Thai]
Meeboonsalang, N. (2023). Comparative criminal justice process. Sutpaisarn.
Na Nakhon, K. (1999). Criminal procedure Law (5th ed.). Nititham. [In Thai]
Niyomthai, A. (2013). Principles of expeditious criminal case adjudication. Journal of Juraniti, 10, Legal Affairs, The Secretariat of the Senate. [In Thai]
Panpaen, S., & Boonnun, A. (2021). Principles of criminal procedure in the district court (6th ed.). Winyuchon. [In Thai]
Petsiri, A. (2019). Criminal theory, punishment theory, and basic procedures (4th ed.). Winyuchon. [In Thai]
Phakdithanakun, C. (2008). Evidence law (3rd ed.). Thai Bar Association. [In Thai]
Polwan, K. (2022). “Criminal justice process in Thailand” in comparative high-level justice administration course, Unit 4. Graduate School of Law, Sukhothai Thammathirat Open University. [In Thai]
Sangwirojanapat, S. (2022). Criminal justice process in the Federal Republic of Germany (6th ed.). In Comparative High-Level Justice Administration Course, Unit 6. Graduate School of Law, Sukhothai Thammathirat Open University. [In Thai]
Surot, S. (2022). Criminal justice process in the United States of America (6th ed.). In Comparative High-Level Justice Administration Course, Unit 9. Graduate School of Law, Sukhothai Thammathirat Open University. [In Thai]
Sutthiyothin, N. (2021). The purpose of punishment for retribution” in criminal law and advanced criminology Course, Unit 5. Sukhothai Thammathirat Open University. [In Thai]
Wachanasawat, K. (2010). Principles of criminal procedure law regarding pre-trial proceedings (7th ed.). Pol Siam Printing. [In Thai]
