Right of the defendant to be presented at the trial: The Comparative study of the principles and the exceptions between Thailand Law and ICCPR Right of the defendant to be presented at the trial: The Comparative study of the principles and the exceptions between Thailand Law and ICCPR

Abstract

This article aims to study the concept on the right to be presented at one’s trial, comparative the concept on trial in absentia; the exception on right to be present at one’s trial in terms of International Covenant on Civil and Political Rights (ICCPR) 1996 such as French laws and Thai laws, and the problems caused from right to be present at one’s trial. The data were collected and analyzed by implementing content analysis through legal documents. The results revealed that in the criminal justice system the right to be present at one’s trial is the basic right belonging to an accused by due process. However, in the recent, this right is violated by government, as many countries set up the exception and operate trial in absentia. Although ICCPR has provided the criterion to be processed in a fair trial in absentia in accordance with rights of an accused which was certified by ICCPR and provided to other countries to put into action. But a trial in absentia in some Thai law acts do not conform to the concept provided by ICCPR. From these effects, there should be the revision which is in accordance with the international standard in order to not affect the reliability towards criminal justice system for right acceptance of defendant’s criminal trial.