An Analytical Study on the Legal Status of Representatives of Crime Victims under Section 5(2) of the Criminal Procedure Code

Abstract

Persons having the authority to prosecute criminal cases in Thailand under Section 28 of the Criminal Procedure Code include (1) a public prosecutor, (2) a crime victim, and (3) a person authorized to act on behalf of the victim, as prescribed under Sections 4, 5, and 6. Besides a victim or public prosecutor, representatives of crime victims are authorized under Section 5(2) of the Criminal Procedure Code. In cases where the victim has died or suffered injuries making them unable to act for themselves, the law allows aa parent, descendant, husband, or wife to serve as representatives in such cases. However, such representatives are permissible only if the death or injury of the victim resulted directly from a criminal act committed by the offender. Even in cases where the victim has died or suffered injuries directly as a result of a criminal act committed by the offender, such authority to serve as a representative is not granted if the person in the family of the victim is not among those specified in Section 5(2), namely, a parent, descendant, husband, or wife. Moreover, even if a family member of the victim intends to act as the representative of the crime victim, such person shall still not be granted the authority to prosecute a criminal case on behalf of the victim. Section 5(2) of the Criminal Procedure Code explicitly and narrowly defines the meaning of representatives of the victims, which consequently affects representatives who may otherwise have the right to prosecute a criminal case on behalf of the victim, thereby leading to the need for reforms in the criminal justice system to enhance the efficiency and fairness of representatives of the crime victims.