The creation of measures to protect prosecutors' discretion in criminal proceedings

Abstract

This research was motivated by the Constitution of the Kingdom of Thailand, B.E. 2560, Section 248, which stipulates that the Attorney General has the duties and powers as provided in the constitution and law. The prosecutors are independent in considering and making orders in cases and in performing duties expeditiously and justly and without any prejudice as well as the Public Prosecutors and Public Prosecutors Act B.E. 2553 (2010) section 21 stipulates that prosecutors are free to consider cases and perform duties in accordance with the constitution and the law honestly and fairly. However, section 22 of such Act stipulates only that the discretion of the Public Prosecutor in ordering cases and performing duties under Section 21, which has been justified, shall be protected is not enough to protect the prosecutor's discretion in criminal proceedings. Therefore, it is necessary to impose appropriate measures to protect the discretion in criminal proceedings so that the prosecutor is independent in criminal proceedings and can perform his duties without fear of harm or persecution or being sued in a criminal, civil or administrative case later. This is to ensure the provision of justice to the people and to protect the interests of the nation which will result in law enforcement being fair according to The Rule of Law and also in line with the 20-year National Strategy (2018-2037). Therefore, Section 22 must be amended to contain the following statements: “The public prosecutor's discretion in ordering cases and performing duties under section 21, when reasonable justifications have been given, shall be protected against criminal, civil, administrative and any other cases in any way related to it.”