An Approach to Development of Law on Pre-Disposition Investigation in Child and Juvenile Delinquency Case

Abstract

The pre-disposition investigation under Juvenile and Family Court and Procedure Act B.E. 2553 can occur both in the pre-trial and at the trial stages of the court. The law stipulates that the director of the Juvenile Observation and Protection Center is responsible for preparing the investigation report and sending it to the inquiry official, the public prosecutor, or the court. The preparation of the pre-disposition investigation report is important to juvenile justice because it helps the persons who are responsible by law to know and have important information about the delinquent, which will lead to the selection of tools to rehabilitate behavior that violates the law and allow the delinquent to return to normal society. However, the research results also found that the provisions of relevant laws in Thailand still have some significant problems, including the provision of discretion to suspend the investigation in its entirety, the provision of discretion to suspend the investigation in certain matters, and the determination of the person with the authority to order the suspension of the investigation. These problems may affect the efficiency of the rehabilitation of delinquents in the future.

In conclusion, in order to develop the law related to the pre-disposition investigation in Thailand, the research results suggest amending Section 82(1) of Juvenile and Family Court and Procedure Act B.E. 2553 by removing the text that gives the director of the Juvenile Observation and Protection Center to refrain from investigating the facts in delinquency case. It also suggests amending Section 4, paragraph two of the Ministry of Justice Regulations on Investigation and Consideration of Facts Regarding Children or Juveniles B.E. 2554, by specifying that the investigation of facts and the report must be made on all four important facts, namely, facts regarding physical condition, facts regarding society or environment, facts regarding intelligence, habits, personality, and facts regarding mental condition, without allowing the person who has the duty to investigate to exercise discretion to refrain from investigating the facts on any one or more issues, except in cases where the investigation is truly impossible.