The Role of the Justice Fund in Assisting the Public in Criminal Cases Between 2006 and 2023

Abstract

The objective of this research is (1) to study government policy related to the duties, roles, and responsibilities of the Justice Fund; (2) to analyze problems in the enforcement of the law within the justice process; and (3) to study the access to bail rights of suspects in the justice process, using qualitative research. The data were collected through document study and in-depth interviews with 15 relevant experts.

The study found that:The study of government policy related to the duties, roles, and responsibilities of the Justice Fund: (1) The roles, powers, and duties of the Justice Fund are derived from the Justice Fund Act, B.E. 2558 (2015). (2) The missions of the Justice Fund include (2.1) assisting people in legal procedures; (2.2) applying for temporary release (bail) for suspects or defendants; (2.3) helping victims of human rights violations or those affected by such violations; (2.4) providing legal knowledge to enable people who do not receive justice to access justice under the law. (3) The concept of establishing the Justice Fund comes from the Declaration of the United Nations General Assembly on the Preservation of Rights and Liberties of the People. (4) The Justice Fund originates from the intent of the Kingdom of Thailand’s constitution in protecting the rights and freedoms of its people. (5) The government’s policy toward the administration of the Justice Fund is in conformity with Section 29 of the 2017 Constitution, which guarantees access to justice.

Analysis of problems in the enforcement of the law within the justice process: (1) The Justice Fund’s roles, duties, and responsibilities are not adequately publicized. (2) The public’s ability to access the Justice Fund’s services is limited due to a lack of publicity. (3) The Justice Fund is able to protect the rights and freedoms of individuals who are subject to legal action, in conformity with Section 40 of the constitution. (4) The Justice Fund is a state agency that assists people without financial resources in their legal battles. The study of suspects’ access to bail under the justice process: (1) Each court exercises discretion differently. (2) There is no state agency responsible for reversing court orders. (3) The practice by the court is in conflict with Section 29 of the constitution. (4) The practice should be in conformity with the intent of the law to enable suspects to enjoy their right to bail evenly.