Huachiew Chalermprakiet Law Journal https://so01.tci-thaijo.org/index.php/lawhcu <p>วารสารฯ มีวัตถุประสงค์ เพื่อเผยแพร่ความรู้ด้านกฎหมายและด้านสังคมศาสตร์ตลอดจนส่งเสริมสนับสนุนการผลิตผลงานวิชาการของอาจารย์ นักวิชาการ นักวิจัยและผู้สนใจทั่วไป</p> คณะนิติศาสตร์ มหาวิทยาลัยหัวเฉียวเฉลิมพระเกียรติ en-US Huachiew Chalermprakiet Law Journal 3056-9346 <p>บทความหรือข้อความคิดเห็นใด ๆ ที่ปรากฏในวารสารฉบับนี้เป็นวรรณกรรมของผู้เขียนโดยเฉพาะ คณะนิติศาสตร์มหาวิทยาลัยหัวเฉียวเฉลิมพระเกียรติ และกองบรรณาธิการไม่มีส่วนรับผิดชอบหรือไม่จำเป็นต้องเห็นด้วยกับข้อคิดเห็นนั้น แต่ประการใด</p> RELIABILITY OF EXAMINATION OF BODILY SAMPLES IN CRIMINAL CASE https://so01.tci-thaijo.org/index.php/lawhcu/article/view/268138 <p> This thesis researches the reliability of bodily samples according to section 131/1 and section 244/1 of the Thailand Criminal Procedure Code, B.E. 2477 (1934). Procedurally, reliability issues consist of unproficiency of the examiner, main authorized agencies in investigation and examination process are under the aegis of the Royal Thai Police, the examinee's right to request re-examination may not be exercised in timely fashion as it must adhere to legally specified conditions etc. The aforementioned issues were comparatively analyzed in terms of practices, laws of Thailand, Germany, Belgium, United Kingdom etc. Results were that regulations or guidelines usable for developing reliability of criminal case bodily sample examination systems included registering for certification as a qualified forensics science expert examiner ; providing an organization to regulates and balances power of each agency ; for the right to request re-examination, legal conditions should be diminished so interested parties may exercise their rights etc. As a consequence of reliable process, there are evidences provide justice for case participants and boosts public trust in government agencies offering forensic science services.</p> Kingkarn Sirisai Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 1 19 FACTS RELATED TO THE ACCUSED : A STUDY OF PRE-TRIAL PROSECUTION https://so01.tci-thaijo.org/index.php/lawhcu/article/view/268193 <p> 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</p> <p> 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.</p> <p> 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.</p> <p> 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.</p> <p> 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. </p> Werich Leotsopha Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 20 35 Legal Problems related to government mobilize in Infrastructure fund in Thailand : a comparative study of Republic of India https://so01.tci-thaijo.org/index.php/lawhcu/article/view/268319 <p> Infrastructure development is vital to national economic development. However, due to the development of public infrastructure, a lot of capital is needed, and the fiscal burden. The government has the idea of providing alternative sources of financing. This increases the role of private sector finance in government infrastructure. By mobilizing in the capital market through the form of infrastructure funds. So anyhow, applying for private sector funding to fund government funding continues to cause legal problems, because of the inconsistency between the investment context. The private sector and the law on the fiscal system of the government. The management of finance, the public finance, the finance and property of the government, for example the Budgetary Law, the State Financial and Fiscal Discipline Act. etc. This article explores the ways in which infrastructure financing and funds are raised through government infrastructure funds in the Republic of India. This is a country that maintains a balance between supporting private sector funding sources in the infrastructure and alternative fiscal rule for alternative finance. This may be used as a guideline for solving legal problems in funding through Thailand's public infrastructure funds.</p> Worawimol Chantarathong Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 36 55 Impact of Thailands Import Bans of the Three Agricultural Subtraces; Paraquat, Chlorpyrifos, Glyphosate to the Thai Agricultural Industry and Compliance with Article 20 of the General Agreement on Tariffs and Trade https://so01.tci-thaijo.org/index.php/lawhcu/article/view/268360 <p> This research focuses on the impact of the Thai government's import ban on paraquat, chlorpyrifos, and restrictions on the use of glyphosate. Which is a chemical used for the agricultural sector of Thailand to the industry in Thailand and to study whether such measures are consistent with obligations under Article 20 of the General Agreement on Tariffs and Trade (GATT).</p> <p> GATT Article 20 is a General Exceptions that allows Member States to take measures to protect the interests of their own country Member countries may take any measures that may be contrary to the principles of the Agreement under the WTO. But the use of those measures must be used sparingly, not arbitrary, or unreasonable discrimination. (unjustifiable discrimination) and at the same time not implicit barriers to international trade.</p> <p> From this study, it was concluded that the country's government has issued measures to prohibit imports and limit the use of chemicals for agriculture. May cause an impact on Thailand's industrial sector in many industries, whether it is the agricultural industry. soybean industry vegetable oil industry food industry and the animal feed industry as well as the food chain. From the impact that has occurred on the industry within Thailand, the issuance of such measures, the author considers that the country's measures are not consistent with the obligations under GATT Article 20 (b) because they do not fall into the category of necessary measures. and that the country's measures are consistent with its obligations under GATT Article 20(g), but not yet consistent with Chapo's.</p> Lakkana Jantho Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 56 70 The development of an electronic case file system for case management of the Court of Justice. https://so01.tci-thaijo.org/index.php/lawhcu/article/view/268402 <p> in the court proceedings. Once the case has been filed with the court, it must be systematically documented. As a result of a case, there will be a large number of documents related to the case, especially the case, such as human trafficking or Tax cases, which is a case document made by printing on paper that is life-long and easily lost from the main case document. In addition, once the case documents have been prepared and the case has been completed by the Supreme Court, the case will be completed by the Supreme Court. If the case is appealed to the High Court, it will be appealed to the Supreme Court All case documents must be submitted to the High Court, where the owner of the original case document shall be left with only the documents that the court has referred to as the "case documents" for reference. When that verdict was submitted to the High Court, the judge struck down the case Only the judge who owns the high court's case documents will receive the manuscript because only one set of documents is available. All completed or new case documents will be stored in the case filing room. When the volume of cases is greater, the number of individual cases has several pages, making each case larger. When it's not time to release and destroy the case papers, As a result, most courts have had problems with the case's filings, and it is not enough to increase the daily volume of documents. It's also difficult to maintain. The case's filing room staff faced health problems due to dust from old paper documents and began to decay. The smell of the case's documentary coating. Damp case documents There are termites or moths eating through the case documents, as well as the weight of the case documents that damage the structure of some court filings. As an administrative agency that supports judicial proceedings, the court has been able to determine the case. It is necessary to consider the use of electronic document management system technology and consider amending the law so that it can be carried out simultaneously.</p> Chatchawan Kongkam Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 71 90 The Role of Leadership in Anti-Corruption in Bangkok Metropolitan Bureau https://so01.tci-thaijo.org/index.php/lawhcu/article/view/271394 <p> The Objective of this research is to study the role of Leadership of police officers, anti-corruption behavior, and the role of leadership in Anti-Corruption in Bangkok Metropolitan Bureau. The methodology in this research is the quantitative research. For acquiring target samples of 405 people, both cluster/systematic sampling and simple random sampling are means to select them from many police stations under control of Metropolitan Police Bureau 1-9. The survey showed that The results of data analysis of the role of leadership in anti-Corruption in Bangkok Metropolitan Bureau found that. every aspect of leadership's role has a positive relationship with anti-corruption at a statistical significance of 0.05, which is according to the assumptions of the hypotheses.</p> wuthichai temgpongsthorn Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 91 107 Legal Problems Concerning Women’s Rights in ASEAN: Study on Cases of Laos, Myanmar, Philippines, Singapore and Vietnam https://so01.tci-thaijo.org/index.php/lawhcu/article/view/272349 <p> This research aims to reflect legal development and legal obstruction of women’s rights law in Laos, Myanmar, Philippines, Singapore and Vietnam. On the one hand, although many progress in term of women rights and child rights protection have been improved by many domestic laws of ASEAN members for better protection of women’s rights and child rights, but on the other hand there are still existing many legal obstructions in term of law enforcement. Furthermore, this research finds that many laws of ASEAN members, in some particular cases, are not conform yet to the legal standards of CEDAW (1977) and its Additional Protocol (1999) due to the limits of their political regime, legal regime and social norms in each ASEAN members.</p> <p> In general, the main problems of legal compliance to CEDAW comes from the weakness of law enforcement due to lack of political will from the leaders of ASEAN members. In addition, the limits of law arising from political, economic, social and cultural factors in each ASEAN members are the major causes of inefficient protection of women rights and child rights in these countries.</p> <p> The evidences of human rights violations in each ASEAN member analyzing in this research shows that many domestic laws of these countries have some gaps of law, and law enforcements in many cases are not conform to the standards of CEDAW and Child rights convention (CRC) in many aspects.</p> <p> Therefore, the best solution of these problems is to raising standard of living and standard of human rights, women rights and child rights as much as possible in these countries. For the rest, it depends on the political will of ASEAN leaders including all stakeholders whether they will adopt international human rights standards and implement their domestic laws in line with the core international human rights treaties or not.</p> Prasit Aekaputra Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 108 142 Relaxed Mind Control Model In order to leverage the effectiveness of behavior development for the offenders https://so01.tci-thaijo.org/index.php/lawhcu/article/view/272546 <p> This survey research was aimed to study: 1) To study the model of the relaxed mind control process of the justice system working with offenders in society, with the knowledge in clinical social work, 2)To study the competency factors of officials working with offenders in society which effecting on raising the level of achievement and developing the behavior of offenders,3) To study the factors that create consciousness which effecting the development of the behavior of offenders. The research based on the open prisons in the Eastern region, Huai Pong Open Correctional Institution, Thung Bencha Open Correctional Institution, Khao Mai Kaeo Temporary Prison and Khao Rakam Temporary Prison ; as a total of 4 prisons. Be an official with a sample size of 91 people and 398 prisoners, the study was both quantitative and qualitative research. The tools used in the study are ; questionnaires, which is the quantitative research tool, analyzed data using percentage statistics. standard deviation correlation testing and multiple regression testing. Focus group interviews with officials and prisoners and in-depth interviews with central and regional administrators, Department of Corrections, Ministry of Justice. Including in-depth interviews with those who are partners in the network to support the development of offender behavior.</p> <p> The results of the study found that : 1) A study of the relaxed mind control process is consistent with knowledge in clinical social work with qualitative research. It was found that screening into temporary prisons and open prisons without walls Prisoners are ready to escape at any time. Therefore, it must be controlled with the heart to make the inmates love and be considerate; at the same time, strict control measures must be used and treat everyone equally. The basics of controlling personnel must be observed individually; by considering the potential advantages or the outstanding characteristics of each prisoner used to develop the mind and adjust the image of the offenders to adjust before being released from prisons in order to return good people to society. 2) Knowledge competency and achievement and behavioral competencies necessary to perform duties Can be used as a predictor in predicting the improvement of achievement and behavior development of offenders with statistical significance at the 0.01 and 0.001 levels. 3) The variables : religious, education level, before being convicted he had a place of residence, occupation before imprisonment, number of times previously imprisoned (this time included), prisoner level being, disciplined while in prison, number of times previously punished, level of confidence in providing for oneself, getting help when leaving prison, which a significant effect on the development of offenders' behavior at the 0.05, 0.01, and 0.001 levels ; and also found that the level of awareness among offenders can be used as a predictor in making predictions, in terms of adjustment in developing behavior ,in terms of intention and commitment to develop the behavior and behavior of offenders as a whole, it was statistically significant at the 0.001 level.</p> Areena Lertsaenporn Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 143 162 THE FEASIBILITY, IMPACT, AND RECOMENDATION FOR THE ISSUANCE OF CENTRAL BANK DIGITAL CURRENCY https://so01.tci-thaijo.org/index.php/lawhcu/article/view/268365 <p> Payment in Thailand has begun from using coins and banknotes to electronic payment. One of the key technologies is distributed processing technology, which allows service users on the same network to exchange information, including transactions between them, without going through intermediaries. The Bank of Thailand has developed the Inthanon project to test the potential and feasibility of applying this technology to Thailand's payment system, including issuing digital currency issued by the Central Bank, but with the development of the national financial sector, the Currency act b.e.2501 was issued on August 18, 1958, and it is still valid today. The act may not be consistent with current economic and social conditions. Therefore, to be able to understand more about central bank-issued digital currencies, including to be able to present the feasibility, impact, and recommendations for the issuance of a central bank digital currency. The author therefore conducted a study Gather information about Central Bank Digital Currency.</p> atikan jaroenphol Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 163 176 AI On The Legal Path https://so01.tci-thaijo.org/index.php/lawhcu/article/view/269705 <p> Advances in digital technology and innovations have caused disruptions in various aspects of society. Computer intelligence, also known as "artificial intelligence" or AI, has precipitated disruption and societal change. AI has been harnessed as a mechanism for understanding and solving problems, thus assuming a pivotal role in both human life and the education system, especially within the legal profession. It facilitates limitless learning across time and space, enabling education to occur ubiquitously and at any time. Consequently, bolstering graduates' digital technology skills becomes essential for their ability to adapt to technological disruptions and societal transformations. Therefore, teaching AI serves as preparation for impending changes in the legal education system. However, even though AI can perform certain tasks within the legal profession instead of humans, it can only serve as an assistant for specific functions. Complex legal competencies, such as negotiation, court case presentations, judgment writing, and the ethical work of lawyers, are abilities that AI cannot replicate as effectively as humans. Consequently, it is imperative for lawyers to enhance their knowledge and skills in AI technology. The challenges of collaboration between human lawyers and AI must be effectively addressed to accommodate forthcoming changes.</p> Punthip Navanuch Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-21 2024-05-21 14 2 177 189 Legal Rights of Minors to notify changing of Domicile https://so01.tci-thaijo.org/index.php/lawhcu/article/view/269895 <p>Because the law regulates the domicile of a minor due to his/her young age and weak experience, therefore, the law allows the legal representative or guardian to involve in the domicile regulated process as to offer a minor protection rather than permitting him/her to express intention to designate own domicile that may cause negative impact or damages to the assets. Therefore, a minor domicile is the same as the domicile of the legal representative or guardian. Nonetheless, after considering the criteria for changing the minors’ domicile in accordance with the Civil and Commercial code and the Civil Registration Act B.E. 2534, the findings suggest the conflicts in principles because the Civil and Commercial Code requires minors to have the same domicile as the legal representative who exercises parental authority, so by law, Section 1567(1) has granted them the right to designate the minor’s residence. While exercising parental authority, the parent or the guardian must provide care and support, including appropriate education&nbsp; and supervision of their own children, and in return, children should obey the parent or guardian. Therefore, the law gives the parent or those exercising parental authority the right to designate where their young children should live as they see fit. Furthermore. Section 44 of the Civil and Commercial Code stipulates that minors have the same domicile as their legal representatives who exercise parental power, legally and normally&nbsp; and legally parents can maintain the same domicile as children without objection. However, the Civil Registration Act B.E. 2534 stipulates that persons who have reached 15 years of age can notify changing domicile by themselves. Then, the legal representative or guardian or parents under this condition are unable to designate domicile of children under their care as allowed earlier by Section 1567 (1) of the Civil and Commercial Code. It is evident that under the Civil Registration Act B.E. 2534, Section 30, any person who&nbsp; has reached the age of 15 can notify changing own domicile with intention to change the current domicile to the actual domicile. In this case, it is not necessary for the minor to have the same domicile as the legal representative or guardian, and they cannot designate domicile of minors who have reached the full age of 15 as earlier stipulated in Section 1567 (1) of the Civil and Commercial Code. In this matter, if a minor who has reached 15 years of age filed the change of domicile, following the rules and conditions of the Civil Registration Act B.E. 2534, the parent or guardian who exercises parental authority cannot claim the domicile to revoke the minor’s right to move own domicile in accordance with the Civil Registration Act B.E. 2534, indicating the minor’s actual domicile.&nbsp;&nbsp;</p> Sirinporn Tharamat Copyright (c) 2024 Huachiew Chalermprakiet Law Journal http://creativecommons.org/licenses/by-nc-nd/4.0 2024-05-24 2024-05-24 14 2 190 209