อำนาจลงโทษความผิดสากลกับการลงโทษฃํ้าตามประมวลกฎหมายอาญาไทย

Abstract

From the concept that prevents an accused person from being trial again on the same (or similar) charges and on the same facts, following forbidden by law in double jeopardy principle. This is universal principle that every system of law, and country accept. This principle also is developed to prohibit to being trial again between the countries especially the charge that is the universal offences which every country has judicial power to the trail, for example, when the accused person was convicted already by the foreign country, he/she should not being trial again in the other country and this principle is enacted by Title 18 U.S. Code § 3731

For Thailand is accepted this principle as enacted in Thai Criminal Code with the concerning of the foreign court Judgment but it is being trial again in some universal offences which in the writer’s opinion, it is against the double jeopardy principle. This matter will be analysis later in the content of this article.