BAIL SYSTEM FOR SUSPECTS IN CRIMINAL CASE AT THE INVESTIGATING LEVEL

Abstract

Abstract

         This research article aims to study the theories related to the discretion exercised by investigative officers in granting bail to suspects in criminal cases, as well as the justice processes involved in the bail system, the discretion in charging suspects, and the regulation of professional sureties. Additionally, it compares the bail systems of Thailand with those of England and the United States to propose recommendations for improving Thailand's bail system. This research adopts a qualitative approach, utilizing books, articles, and academic documents from both domestic and international sources.

         The study reveals that investigative officers in Thailand have discretion in considering bail requests for suspects in criminal cases, with attention to the rights and freedoms of individuals as enshrined in the Constitution. Suspects have the right to request bail in order to defend themselves in court, but the current bail system focuses on guarantees and the severity of charges, with professional sureties often involved in the bail process. To ensure fairness, the justice process within the bail system must regulate the discretion of investigative officers and the role of professional sureties. The criminal justice system in Thailand includes both investigative officers and prosecutors, each of whom is governed by laws regarding the granting of bail. The research suggests that a centralized law should be enacted to avoid overlapping regulations. In England, the bail system emphasizes personal recognizance rather than financial guarantees, allowing suspects to pledge to appear in court. In the United States, judges play a key role in deciding bail to balance the power between investigative officers and the judiciary. Therefore, there should be clear guidelines for the discretion of investigative officers and the use of guarantees, ensuring that suspects' rights to a fair trial are upheld in accordance with human rights principles and the Thai Constitution.