The Problem of Prosecutors’ Discretion in Handling Cases for Officials

Authors

  • Piyakiat sawigun Rattana Bundit University
  • Pratheang Panhong Changsalak Rattana Bundit University
  • Jackarin Somati Rattana Bundit University

Keywords:

Discretion, Prosecutors, The trial, Government officials

Abstract

The purpose of this research were (1) to study problems where government officials abuse their authority by abusing others (2) to study law enf
orcement of prosecution officers' discretion on prosecution for government officials involved in criminal cases (3) to study and analyze law enforcement
procedures for prosecutors' to use in prosecute for government officials involved in criminal cases so that the cases are fair and efficient. This research is
qualitative research by using documentary research methods. Quality information such as documents, textbooks, articles, legal texts duties. Or in a civil or cr
iminal case, and other documents as well as related information technology to conduct research and conclusions that will bring the most benefits to the rese
arch. Findings are as follows. If the Act on Prosecutor's Organizations and Public Prosecutors, B.E.2010 Section 14 (4) is amended to "in civil, administrative or criminal
cases, in which government officials are sued for doing their duties, or in a civil or criminal case, where any citizen is sued for acting according to the instructions of a
public official who has been ordered by law or joining or helping government officials who have done their official duties, if the case is to preserve public interest,
public order, and cost reasons for which the accused can fight the case themselves, the age of the perpetrator, criminality against state security, false, contempt or defamation are not contrary to legal morality,” the prosecution staff will be able to defend it." This will reduce the problem of such officers' crimes.

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Published

2024-06-13

Issue

Section

บทความวิจัย