ปัญหาการบังคับใช้กฎหมายตามพระราชบัญญัติคุ้มครองผู้ถูกกระทำด้วยความรุนแรงในครอบครัว พ.ศ.2550

Abstract

This research aim to study the issues of law enforcement under the Victims of domestic violence protection act, B.E. 2550 (2007), to consider the difficulty relying on the principles, gaps, limitations and analyzing legal procedure incorporating the protection supplied. A research methodology applied the qualitative research by document and the deep interview from a proficiency, judges, the attorney general, inquiry official, government official, interdisciplinary or any person who involve or expertise in the relating area. The finding of this research found that (1) there are various issues regarding the enforcement on Victims of domestic violence protection act, B.E. 2550 (2007), which are regulative sentence, the memorandum of agreement, the principle on relief the problematic in investigating factor or the information in domestic violence cases. (2) There are various issues regarding a principle, gap and limitations of law which are violence, victims and juvenile. The issues involve a witness of the offence include the administrative and senior police officer. The difficulty on inspector  refuse to prosecute a domestic violence cases without criminal offences. In some situation, a prosecutor would record that a victim unconcern to prosecute. Moreover, an accusation and petition form of the Attorney general practically similar to the general criminal case offence. Finally, the revocation of the domestic violence cases prosecution would affect the revocation of others relative offences. (3) The procedural of prosecution and the protection according to law raised variety of issues. The safety protection in accordance to the act are connectively attached to a complaints. The period of prosecution are excessively short. The inspector usually started the investigation without acknowledging the the other involving officer to include them in the process of fact-finding and judiciary process concerning parts of their work. The litigation without regulation in law also cause an issues. The victim does not report an offence. The confusion from the prosecution in different court and the court order could not be clearly applied as there is no organization could adopt the criteria and report those issues back to the court. The inadequate in apportion of the budget to facilitate the protective procedure are also significant.