FACTS RELATED TO THE ACCUSED : A STUDY OF PRE-TRIAL PROSECUTION

Abstract

              To process a criminal case in Thailand, police officers receive a complaint from an injured party and compile all evidence before arresting the accused. Officers must also protect legal rights of the accused. Article 29, paragraph 2 of the Constitution of the Kingdom of Thailand, B.E.2560 (2017) specifies that an accused should be presumed  innocent until proven guilty by a court of law

              This principle certifies the pre-trial innocent status of the accused, but in practice, inquiry officers compiling an evidence and investigating the accused typically treat them antagonistically by. Focusing on evidence potentially fulfilling the fault element to fulfill prosecutory orders to the court.

              Applicable facts beneficial to the offender are usually ignored as irrelevant and not included    in the investigatory report. Even Yet Articles 131 and 138 the Thai Criminal Procedure Code (CPC) indicate the investigatory principle that inquiry officers should gather all evidence proving the innocence or guilt of defendants, in addition to examining the backgrounds of the accused.

              Without these contextual facts continuously present in investigative reports from inquiry officers about the accused, prosecutors cannot effectively evaluate cases, including advising the court during sentencing. The modern judgment process focuses on rehabilitating, rather than incarcerating, offenders or isolating them from society. Accurate judgments about the accused reply on individualization, and related facts can help resolve prison overcrowding and long-term societal criminality.

              This Article focuses on problems in pre-trial reception of facts about the accused information helping prosecutors effectively evaluate cases and judges during sentencing. A comparative international study was made of the judgment process, reliable facts about the accused and foreign related procedures and implementation. The goal was to improve, and render more effective, transmission of facts related to the accused in Thailand.