NCJ Number
94951
Date Published
1982
Length
11 pages
Annotation
This paper focuses on police malpractices in Thailand and remedial measures.
Abstract
There are four primary areas of malpractice: (1) there is no effective measure to prevent unlawful arrest; (2) the authorities do not exercise their discretionary power in deciding the length of time to keep the arrested person in custody or under detention; (3) police always charge arrested persons with more serious offenses than actually committed to justify their request for prolonged detention; and (4) the practice of granting bail on the basis of the amount and value of the security is unfair for the majority of Thai citizens. In 1980, the Ministry of Interior issued ministerial regulations on criminal procedure that contained measures for checking the arrest power of the police, prohibiting the overcharging of offenders, and ensuring speedy deliberation in granting bail. Despite these efforts, the most straightforward and effective measure for the guarantee of safeguards and protection of the rights and liberties of the people is to insert such provisions into the Constitution or the Code of Criminal Procedure. In addition, bail-granting procedures should be regulated, and the public prosecutor should play a more positive role. One table, nine references, and the Interior Ministerial Regulations on Criminal Procedure (B.E. 2523) are appended.