LEGAL MEASURES FOR THE ENHANCEMENT OF CRIMINAL CASES OF POLITICAL POSITIONS

Abstract

This research has objectives to study: 1. Principles concerning and system of criminal proceedings, ideas, purposes, and the criteria on criminal proceedings of persons holding political positions in Thailand and foreign countries, 2. The analysis of patterns and suitability of an adoption of case management system in criminal cases concerning persons holding political positions, and  3. Appropriate legal measures dealing with criminal cases concerning persons holding political positions for Thailand. This includes qualitative research, in-depth interview of four persons relating to or having knowledge and expertise in the criminal justice system concerning persons holding political positions, together with a focus group with judges, public prosecutors, lawyers, academics, officials working in justice system in independent organs, and the general public in the areas of Bangkok and its surrounding provinces. These eight professionals, in four groups of two, were chosen by the researcher from the pool of public prosecutors or judges, lawyers or legal counsel on politics, legal academics, and the general public.

            According to the research’s result, it was found that one judge still lacks an awareness on fact-finding principles in the inquisitorial system, as well as an expertise in such trial system. To solve this problem, it is recommended that the Supreme Court shall conduct both theoretical and practical training for judges in the Supreme Court, particularly those acting as a quorum in the Supreme Court’s Criminal Division for Holders of Political Positions. Secondly, allowing the National Anti-Corruption Commission to institute prosecution by itself or hire private lawyers to institute prosecution on behalf of the state must be deemed as an infringement of idea of state prosecution. Also, this is contrary to the opportunity principle which requires public prosecutors to play a major role at the stage of prosecution. It is therefore suggested that the law should be amended so that the Attorney General should have the sole power to institute prosecution in these cases. Thirdly, the right to appeal the judgment should be granted. The proceedings of these cases should be initiated in the Appeal Court. When any party is not satisfied with the Appeal Court’s judgment, they are entitled to appeal such judgment to the Supreme Court’s Criminal Division for Holders of Political Positions. Fourthly, there shall be officials in the Criminal Division for Persons Holding Political Positions. These officials should be appointed from legal officers working in the Supreme Court with training on the Course on Officials of Criminal Division for Persons Holding Political Positions. Their jobs should be to assist judges in trials and in an aspect of admissibility of evidence, as well as to write up the judgment. This is to ensure the most efficient trials in criminal cases concerning persons holding political