Rights of the Accused to Access Evidence During Investigation: A Fundamental Guarantee in the Criminal Justice Process

Abstract

This article aims to analyze the issues and propose guidelines for strengthening fundamental guarantees in the criminal justice process, specifically focusing on the right of the accused to access evidence during the inquiry stage (investigative phase). It emphasizes the need for clear, transparent, and fairer improvements to the relevant laws and investigation procedures, thereby enabling the accused to genuinely access relevant evidence. The ultimate goal is to elevate the standard of Thailand's criminal justice system to align with universal principles of human rights and justice. The study employs a qualitative research methodology, involving the review and research of information from books, textbooks, academic articles, research papers, documents, and electronic media. This data is then analyzed, synthesized, and presented using a descriptive approach to derive concrete recommendations for developing the laws related to the right of the accused to access evidence during the investigative phase.

The study found that the right of the accused to access and be informed of the evidence during the inquiry stage is considered a fundamental and critically important guarantee in the criminal justice process. The objective is to ensure that the accused can exercise their right to a defense fairly and effectively. This principle reflects the respect for human rights, the rule of law, and the principle of equality in the justice process, which are guaranteed by the Constitution of the Kingdom of Thailand B.E. 2560 (2017), the Criminal Procedure Code, as well as international law such as the International Covenant on Civil and Political Rights (ICCPR).

However, the accused's access to evidence during the inquiry stage still faces limitations, particularly regarding the accused's right to be informed of the evidence, which is considered a fundamental guarantee in the criminal justice process. This is because the disclosure of evidence is not yet clearly stipulated in the law, which impacts the accused's right to access evidence, especially evidence held by the investigating officer, and may affect the accused's testimony.

Although Thailand has recognized the rights of the accused to a certain extent, the study found that the accused are often denied access to evidence, with officials claiming it is official secrecy or necessary to prevent the destruction of evidence. This may result in the accused being unable to exercise their right to a defense fairly and effectively. Researcher's Recommendations The researcher, therefore, offers the following recommendations: 1. Amend the Criminal Procedure Code, Section 134/1, by clearly stipulating that the accused has the right to request access to evidence relevant to the case. 2. Establish systematic guidelines for evidence disclosure, such as preparing an inventory of evidence that can be disclosed. 3. Develop an electronic system for storing and disclosing evidence for convenience, speed, and transparency, as this format is easily verifiable (e.g., creating digital files). 4. Promote human rights knowledge for investigating officers and relevant officials.

This article, therefore, aims to analyze the issues and propose guidelines for strengthening the fundamental guarantees within the criminal justice process, particularly the right of the accused to be informed of the evidence during the inquiry stage (investigative phase). It emphasizes the need for clearer, more transparent, and fairer improvements to the relevant laws and investigation procedures. The goal is to ensure that the accused can genuinely access the related evidence and to elevate the standard of Thailand's criminal justice system to align with universal principles in the fields of human rights and justice.