UNDUE DELAY : STUDYING THE CASE OF PRISONERS UNDERGOING LEGAL PROCEEDINGS

Abstract

This article studies problems with the need to incarcerate the accused, including investigative process delays, and minimizing detention periods for the accused as well as criminal cases management for imprisoned defendants pending trial to avoid unreasonable delay before facing criminal proceedings. A comparative study was made of laws in foreign countries: the United States of America (US), France, and the People's Republic of China.

Results were that all three nations employed the necessity of detention principle as a temporary method and final measure. Necessity was defined as meaning that in proximity to the event, sufficient evidence exists to demonstrate that the accused committed the crime. The investigative system works with the prosecutor to request a detention warrant through criminal investigations. This facilitates reducing detention (imprisonment) time and trial errors,   speeding procedures and fairly sanctioning the accused efficiently. Criminal case management benefits from hastened court trial procedures. Originally, trials were arranged in order of reception of charges so that until criminal cases were brought to trial, defendants had to be imprisoned while other cases were considered.

These findings suggest that the Thailand Criminal Procedure Code should be amended in terms of issuing a detention warrant based on the necessity of being at or close to the commission of the crime, by having the investigating officer gather sufficient evidence to bring the accused to trial and be sanctioned according to law. The prosecutor should play a supervisory role from the beginning of the case in considering the necessity of another level of detention before applying for court permission and participating in criminal investigations to balance power appropriate for performing investigative officer work. In criminal trials, case management in which the defendant is detained while being considered before other types of cases should mandate that trials must be completed within two months in order to adhere to principles of protecting rights and freedoms of the accused.