LEGAL MEASURES TO PROTECT THE RIGHTS AND FREEDOMS OF THE PUBLIC IN THE PROSECUTION CASE UNDER THE CONSTITUTION OF THE KINGDOM OF THAILAND BE 2560

Abstract

This research aims to: 1) study the principles, concepts, and theories about the protection of rights and liberties of the people according to the Constitution of the Kingdom of Thailand 2017, 2) analyze the power of non-prosecution and monitor the exercise of the power of the public prosecutors both in Thailand and abroad, and 3) propose appropriate legal guidelines and measures to protect the rights and liberties of the people dealing with the prosecutor in the administration of the case for the maximum transparency and efficiency.

It was a qualitative research and an in-depth interview by four persons involved in or with expertise in the criminal justice process of the prosecutor together with discussion groups (Focus Group) with judges, prosecutors, lawyers, academics, officials performing justice work in independent organizations and public in Bangkok and vicinity selected by the researcher from 2 people of each group including prosecutors or judges, lawyers, legal scholars, and the general public. There are four groups with eight people in total.

The research findings were as follows: 1). The acquisition proportion of the prosecutor committee who is not or used to be a prosecutor and has expertise in budgeting, organization development or management which constituted a selection from internal personnel of the Attorney General's Office only, lack of coherence or control, being verified and balanced from external organizations or the social sector. It is deemed appropriate to amend the 2017 Constitution of the Kingdom of Thailand, Section 248, paragraph 3, stating that the acquisition of a qualified prosecutor committee must be elected by the Senate so that the prosecutor's organization uses its powers and duties in connection with the people. 2). The amendments to the regulations of the Office of the Attorney General on the prosecution of the prosecutor in regard to requests for fairness by stipulating the request for fairness. The injured person or the accused must come and sing in person. Injustice requests must complete the cause and evidence. 3). More than one request for fairness can be made only if there is new evidence that has never been presented before, otherwise there may be a misuse of discretion to seek any other benefit for oneself or others. The penalty rate can be used in its discretion to order not to prosecute up to ten years' imprisonment. If it is beyond that, discretion is prohibited, and the prosecutor has to order a prosecution to the court in order to allow the judicial organization to examine and judge the guilt or innocence of the defendant.