Measures to Investigation and Gathering Evidence in Criminal Justice with Ensure Fairness: Case Study of Inquiry of the Officials

Abstract

Research of Measures to Investigation and Gathering Evidence in Criminal Justice with Ensure Fairness: Case Study of Inquiry of the Officials. The objectives of this research were to study the problems of investigations and gathering evidence in criminal justice that is currently in existence. Problem analysis, cause and related conditions, search for measures to summarize and process suggestions for solving problems. Scope of research by studying problems, causes and conditions. used to analyze to find guidelines as well as appropriate suggestions in Thailand. Methodological research is qualitative research with in-depth interviews with real experts in the criminal justice system, there are issues and guidelines for solving problems. And documentary research studies that a data analysis using context analysis. The research found that investigations and gathering evidence there are no obvious measures or guidelines. If the judicial process is not effective, Devoid of measures to provide justice would not be able to protect the rights and freedoms of individuals and truly create fairness. The important problem, cause or condition is that the state must have measures to guide the evidence collection in accordance with The Constitution of The Kingdom of Thailand (B.E. 2560 (2017)) was prescribed in Section 68. “The State should organise a management system of the justice process in every aspect to ensure efficiency, fairness and non-discrimination and shall ensure that the people have access to the justice process in a convenient and swift manner without delay and do not have to bear excessive expenses.

               The State should provide protective measures for State officials in the justice process to enable them to strictly perform duties without any interference or manipulation. ...”

               That the investigation or inquiry of the official is a very important judicial process. Therefore, the provision of justice is the mission and important goal of the criminal justice. And if the investigation or inquiry is made with clear measures will in accordance with The Constitution of The Kingdom of Thailand (B.E. 2560 (2017)) was prescribed in Section 27, Paragraph One. “All persons are equal before the law, and shall have rights and liberties and be protected equally under the law. …”

               So therefore, there must be materialistic measures of investigation gathering evidence for use as a principle in the operations. That is to use Principle of Truth Finding and Principle of Rationality as measures to investigate gathering evidence in the criminal justice. As a new measure to make the investigate gather evidence to achieve the goal of providing justice for the people collection in accordance with truly the Constitution of The Kingdom of Thailand. Not inequality in society, to create fairness in accessing the justice system thoroughly, providing effective justice and make equal access to ensure fairness. Focus on standards and increasing efficiency in the justice system according to the rule of law. Makes law enforcement and justice be fair and equitable. In accordance with the National Strategy (2018-2037), the strategy for social cohesion and just society, Mitigating inequality and creating multidimensional justice. And the strategy for public sector rebalancing and development, in the case of using the law as a tool to support the development of the public administration system, will solve problems and obstacles, allowing people to easily access the justice system thoroughly. Including the use of research results to be used or applied in order to benefit the investigation gathering evidence. As well as creating new measures in the investigation gathering evidence in the criminal justice, causing the judicial authorities to have good cooperation measures. In order to be the same guidelines for conducting investigations, and continue peace in the nation society. This should be made work manual for the investigation gathering evidence in the criminal justice to use as the same standard, in performing duties, which will result in efficiency and effectiveness in giving equality and fairness to the parties as well.