the appearance of a screen meeting according to the draft amendment to the Criminal Procedure Code, Section 172, first paragraph

Authors

  • Tarin Jadphanint
  • Wanwipa Muangtham

Keywords:

A public criminal trial in front of the defendant, criminal trials by litigants outside of court , criminal trials via screen, the right of the defendant to fully defend the case , Criminal Procedure Law

Abstract

                       This article study are to: (1) are to study the concepts, theories, evolution and principles of article 172 of the Criminal Procedure Code; (2) to study article 172 of the Criminal Procedure Code, Thai law in comparison with the International Covenant on Civil and Political Rights. 1966 (ICCPR) and the Screen Trial United States and England ;  (3) to analyze problems under article 172 of the Criminal Procedure Code, comparative Thai law. with the 1966 International Covenant on Civil and Political Rights (ICCPR) and screened trials. America and England; (4) to suggest guidelines for amendments to the Criminal Procedure Code, article 172.

                       This Independent Study is a qualitative research using document research method. by studying from the Criminal Procedure Code of Thailand and judicial law through screens of the United States and the United Kingdom, articles, journals, academic documents, research papers, theses, data from internet networks both in Thailand and abroad.

               Results of the study show that : (1) Thailand's criminal trials strictly emphasize the protection of defendants' rights. By adhering to an important rule, the case must be heard in court openly in front of the defendant; (2) There is no Thai law to allow criminal trials where the parties are outside the court. but the witness may be outside the court; (3) A comparative study found that the United States and England There is a law that allows criminal trials to be screened by parties outside the courts. In Thailand, despite several waves of coronavirus outbreaks, the trial had to be postponed because the law has not yet been enacted or amended to allow trials through the screen by the parties outside the court; (4) It should be amended  the Criminal Procedure Code  in case of public disaster or urgently needed for safety in order to have the case on screen by the parties outside the court to remedy such situations that may arise in the future.

References

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Published

2024-01-24

How to Cite

Jadphanint , T., & Muangtham, W. . (2024). the appearance of a screen meeting according to the draft amendment to the Criminal Procedure Code, Section 172, first paragraph. Sukhothai Thammathirat Open University Journal, 36(2), 45–66. retrieved from https://so05.tci-thaijo.org/index.php/stouj/article/view/266700

Issue

Section

Research Articles