THE TERMINATION OF CRIMINAL PROCEEDING WITH DISCRETION BEFORE TRIAL

Abstract

Countries with advanced criminal justice systems such as England, the United States of America and Japan, will handle cases of minor offenses or not difficult by the method of diversion before trial. Which is different in the form of the criminal procedure law of each country but are all influenced by Opportunity Principles. Thailand has also been influenced by Opportunity Principles in the criminal justice process but the form of diversion of the lawsuit before the trial is different. Which is an additional step in the proceedings lack of legitimacy of making legal commentary, organizations are being added to take legal action which may cause delays and add more problems to the criminal justice process than normal criminal proceedings therefore it is necessary to develop forms of appropriate diversion for the criminal justice system in Thailand.