ข้อจำกัดทางกฎหมายเกี่ยวกับการตรวจสถานที่เกิดเหตุทางอาญา

Abstract

This research aims to study and analyzes legal limitations which create problems and obstruct a crime scene investigation in Thailand. The research studies on procedure in making investigation on crime scene and studies on how to reform laws relating to making investigation on crime scene according to international standards. The research use a research methods on documentary research and in-depth interviews.

The research finds a result that current laws and regulations authorize only case police officers to investigate evidence, collect evidence, and explore crime scene. เท case, there is a dead body in crime scene law permits case police officers to investigate crime scene but the laws does not permit forensic officers to investigate the crime scene. The forensic officers thus do not have authority to investigate the crime scene. Only in case that case police officers allow, the forensic officers would able to help investigate the crime scene with the case police officers. The forensic officers are treated as an assistance to the crime scene investigation. เท practical, the case police officers normally do not ask forensic officers to investigate the crime scene. It leads to a lack of prudential crime evidences according to crime law. When the criminal case pass to court, the case would normally be dismissed by the lack of prudential crime evidences. The court demission on crime cases may contribute to injustices by the lack of prudential crime evidences, basing on legal obstruction to forensic officers to investigate crime scene.

The research suggests that there should be reform on law relating to crime scene investigation. The law on crime scene investigation should authorize forensic officers to investigate crime scene. Forensic officers would be able to use their expert and experience to investigate crime scene. The authorization to forensic officers would help manage crime case under efficient and fair manner.