THE REMEDIAL MEASURES FOR COMPENSATION OF THE INJURED PERSONS FROM CRIMINAL OFFENSES

Abstract

            This research aims to study the concept and compensative claims for injured persons regarding criminal cases in Thailand and remedial measures compensation for wounded from criminal offenses under Thai laws. This research is documentary research relating to protecting injured persons in criminal offenses, a new trial resurrection, and the ameliorative for criminal offenses within the Constitution of the Kingdom of Thailand B.E. 2560, Criminal Code Section 43 and Section 44/1, the Damages for Injured Persons and Compensation and Expenses for the Accused in Criminal Cases Act B.E. 2544, Amendment (No.2) B.E. 2559, and the Resurrection of Criminal Case for Reconsideration Act B.E. 2526.

            The results found that the Damages for Injured Persons and Compensation and Expenses for the Accused in Criminal Case Act B.E. 2544, Amendment (No.2) B.E. 2559 legislated as the measures compensating injured persons from criminal offenses. It is related to receiving compensation. This Act is certified in the fourth paragraph of Section 68, Chapter 6 of the Constitution, specifying the stated policy directive principles. It stated that a person injured from criminal offenses should compensate under this Act. The Criminal Procedure Code and Section 43 state that the public prosecutor shall join such claim on the victim's behalf when instituting a prosecution. In addition, Section 44/1 said if the injured persons wish to make a compensative claim, he may submit such loss for compensation. The Resurrection of Criminal Case for Reconsideration Act B.E. 2526 establishes to protect Thai people's rights with certification upon the Principles of Resurrection of Criminal Case for Reconsideration with an establishment of criteria, conditions, and procedures. It ensures the persecute rights in the final judgment to obtain judicial fairness due to the new evidence introduction showing that such a person may become innocent.