The Problems and Guidelines for Developing Laws Regarding the Roles of Lawyers or Legal Counsellors to Protect Children and Juveniles in the Criminal Case: A Case Study of Loei Provincial Juvenile and Family Court

Authors

  • Piyawan Senacharoen Lecturer, Laws Program, Faculty of Humanities and Social Sciences, Loei Rajabhat University

Keywords:

lawyer, legal counsellor, children, juvenile

Abstract

The objectives of this research were: 1) to investigate the problem of determining the organization to be controlled and the powers and duties to supervise a lawyer or legal advisor in the protection of children and youth in criminal cases;  2) to study the issue of the role of a lawyer or legal counsel in the process of arresting investigations; 3) to study the problem of the role of a lawyer or legal advisor in the process of preparing a remedial treatment plan both before filing a lawsuit and after filing a lawsuit; and 4) to obtain information for recommendations for the amendment of the Juvenile and Family Court and Procedure Act B.E. 2553 (2010). This research used a qualitative research model with in-depth documentary research and interviews. The samples were: 1) 3 judges of the Juvenile and Family Court, Loei Province; 2) 1 public prosecutor from the Juvenile and Family Prosecutor's Office in Loei Province;  3) 3 lawyers who have been trained and registered as legal advisors in Loei Province; 4) 3 investigating officers in Loei Province; 5) 1 officer from the Loei Provincial Probation Office; 6) 3 parents of children and youths who have been prosecuted in the Juvenile and Family Court in Loei Province. The researcher presented the data using an analytical descriptive method.

The major findings revealed that the Lawyers Council is appropriate to be an organization that will have the control and authority to regulate lawyers or legal advisors in the protection of juveniles in criminal cases. There should be the amendment of the Lawyers Act B.E. 2528 (1985) to add definitions in Section 4. The word “lawyer” means “a person who has been registered and licensed by the Lawyers Council to be a lawyer and includes a legal counsel in the Juvenile and Family Court that will give the Lawyers Council the power to supervise and supervise legal counsel in the Juvenile and Family Court. The issue of the role of a lawyer or legal advisor in the process of arrest investigation should amend the Juvenile and Family Court and Procedure Act B.E. 2553 (2010), Section 73, to add the following provisions. “Allow children and youth to meet and consult with legal counsel without the presence of others” will make it more effective to protect children and youth in case of arrest detection. Because children or youth will dare to tell the truth whether the arrest of the officer is a lawful arrest. The role of a lawyer or legal advisor in the preparation of a pre-litigation and post-litigation remediation plan should be amended to Juvenile and Family Court and Procedure Act B.E. 2553 (2010), Section 86, Section 87, Section 90, and Section 91 shall add legal advisors to the preparation of the rehabilitation plan both before and after the litigation. Therefore, legal counsel will be able to act in the protection of children and youth in criminal cases, especially by providing legal knowledge that is necessary and should be known that will benefit children and youth.

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Published

2022-06-21

Issue

Section

Research article