Integrated Approaches to Speedy and Fair Investigation, Prosecution and Trial of Criminal Cases (From UNAFEI Report for 1980 and Resource Material Series No. 20, P 140-147, 1981 - See NCJ-89732)

• NCJ Number: 89739
• Author(s): K Indrambarya
• Date Published: 1981
• Length: 8 pages
• Publication Format: Document
• Language: English
• Country: United Nations

Annotation

Following an overview of the processing of criminal cases in Thailand (investigation and inquiry, prosecution, and court proceedings), this paper discusses some problems in case processing and suggested solutions.

Abstract

Under Thailand's Code of Criminal Procedure, an investigation is defined as a search for facts and evidence so as to complete an inquiry, which is defined as a collection of evidence acquired from the investigation and other proceedings to determine the offense and establish grounds for proving the offender's guilt in court. After an investigation and inquiry have been completed under the coordination of an inquiry official, the file of inquiry must be sent to the public prosecutor, who decides whether to prosecute, dismiss the case, or direct that a further investigation be undertaken. The injured party or victim may also initiate prosecution, but only after a preliminary hearing to determine if the evidence warrants proceeding with a trial. The victim may also apply to become associated with the prosecutor at any stage of the proceedings before the judgment of the court of first instance. Some problems in criminal processing are police corruption and incompetence, constraints upon prosecutors that prevent them from entering cases until after the inquiry file has been completed, the courts' lack of modern methods for recording witness' testimony, the frequency of trial postponement due to lack of case preparation, and a shortage of court facilities. Tabular data are provided on the number of court criminal cases, court dispositions, and the clearance rate for serious offenses.