The Protection Measures of the Injured Persons or Victims’ Rights in Criminal Justice System in Thailand
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Abstract
Abstract
Following the implementation of the Constitution of Thailand (B.E. 2540), Thailand has continually developed and enhanced constructive measures concerning the protection of injured persons, or victims’ rights, in accordance with the United Nations’ standards. However, Thai law regarding injured persons’ access to justice and fair treatment especially participation in criminal procedure and an opportunity to explain the impact of crimes on themselves faces some legal impediments and does not include the post-sentencing stage. Consequently, I conduct the comparative study of Thai and British legal systems on such issues to suggest further legal amendments to victims’ rights protection in Thailand. The proposed amendments are as follows: (1) collecting a victim personal statement in the trial and sentencing stage, as the right of a person injured by explicitly defined types of criminal offences; (2) modifying Ministerial Regulation Determining Privileges of Convicted Prisoners and Conditions for Convicted Prisoners Released on Remission or Parole (B.E. 2562) article 45 to include an injured person who is a victim of crime in a prison working team, giving them opportunities to express their opinions on the impact of offences in nominating eligible prisoners to a parole board. The parole board therefore would examine victims’ personal statements in granting parole for eligible prisoners, particularly in cases of violent and sexual offence.
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