VICTIM IN THE OFFENSE OF ILLEGAL DETENTION

Abstract

Right and freedom are issues that every government and even Thailand gives precedence to these. Thailand has legislation to recognize and protect right and freedom by regulating that the illegal detention is an offense under the criminal law and Thai law. The victim has the authority to make a prosecution against the offender. Once, an illegal detention occurs in the society, the victim has to bring the case to indict as the criminal case. However, some illegal detention base is a personal offence which such illegal detention offence deprives freedom of movement, and some condition of power to take a legal action of victim under the Thai law and even the judgment statement of Thai court that affects the case of illegal detention which is the personal offence cannot be prosecuted at all. Therefore, the law should be amending in order to let this such illegal detention case to the jurisdiction procedure.