Legal Measures In Taking A Suspect As A Witness

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Wirachagrit Puttikanaporn


The legal measure in taking a suspect as a witness for general cases in Thailand is the discretion of the inquiry officials in seeking the evidence and the prosecutors in the prosecution, appearing as an internal regulation pattern of the inquiry officials and prosecutors without prescribed laws.Having considered that, the guideline in such regulation has ambiguous and inconsistent practices, leading to the case where the inquiry officials take the co-offenders without pressing charges as witnesses, and as a result, the prosecutors are unable to investigate the use of such discretion. Furthermore, the arrangement of the collateral for the non-prosecution of the suspect taken as a witness who are the offenders is inconsistent with the principle of liability. In order to take any suspect as a witness, a final non-prosecution order must be issued to such suspect first, In which the person with authority under prosecution shall be the prosecutors or the attorney general. Hence, this article has studied and analyzed the concepts and theories related to the legal measure for taking the suspects as witnesses, along with the foreign legal measure for taking the suspects as witnesses, to determine the model and method for legal measure taking the suspects as witnesses including the collateral in lieu of rights of the suspects taken as witnesses, suitable and consistent with the context of Thailand.


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