The Problems and Obstacles for Evident Selection of Inspector’s Case Files.

Abstract

It had been already known among Thai jurists that the defense of cases in Thai courts is an allegation system. Evidence is therefore important for the court to use in determining whether the defendant has committed an offense as charged or not. The organization that has direct authority to search for evidence is inspector. They are not only search for evidence but also use discretion for selecting evidence into the case file, which is used to confirm the guilt or innocence of the accused defendant. Therefore, it can be said that the inspector is a quasi-judicial officer who be able to search for evidence used to confirm whether the defendant actually committed an offense as sued or not, they can also determine the severity of charge and punishment that the defendant will be received by using discretion for evidence selection into case record. If any evidence is not brought into the rhetoric, no one would ever know and those evidences will disappear forever.

This article discusses the problem of inspector's discretion in collecting and selecting evidence for the case together with studying the work process of inspector through interview. It will reflect the working conditions and various limitations of their work that affect performance or discretion in the selection of evidence to the case.