The Criminal Inquiry System in the Role of the Inquiry Officer Suitable for Thailand

Abstract

               Criminal proceeding at officer level in the criminal inquiry system of Thailand gives the police the power to be inquiry officials who are responsible for submitting inquiry files to prosecutors to consider filing a lawsuit. Upon the concept of separation of power of inquiry from power of prosecution for the benefit of check and balance between the police and prosecutors, it is believed that people will receive fairness at the beginning of a case. However, samples of criminal cases from the use of the police’s power of inquiry showed that they affected rights and freedom of people. Provisions of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) prescribed that criminal inquiry system should be improved and national reform plan on justice system should be available. The State must reform how inquiry officers receive reports and complaints. Research paper suggestions and opinions from academics related to the improvement of criminal proceeding carried out at police level reflect that the criminal inquiry system in Thailand under the police’s responsibility has some problems that cannot give fairness to parties in lawsuits in accordance with the spirit of the law. Based on the study, it was found that the problem status was caused by two major points as 1) the role in exercising power and duty of inquiry officials and 2) inquiry management of Royal Thai Police. This article aims to propose development guidelines of criminal inquiry system of Thailand in the role of inquiry officials. The study focuses on background and rationale of problems, theoretical framework, inquiry and criminal inquiry systems abroad, to make a comparative analysis to the criminal inquiry system of Thailand and problem status related to the role, power, duty of inquiry officials and inquiry management, leading to suggestions for amending and adding laws and modifying police organizational structure. By doing this, the criminal inquiry system in Thailand in the role of inquiry officials shall be developed to suit the context of Thailand, to be a mechanism and instrument to find out and prove the truth in criminal cases efficiently, and to be able to give fairness to people in accordance with the spirit of the law.