Thai Constitution of 1997 and Its Implication on Criminal Justice Reform (From UNAFEI Annual Report for 2001 and Resource Material Series No. 60, P 107-117, 2003, Sean Eratt, ed. -- See NCJ-201693)

• NCJ Number: 201698
• Author(s): Kittipong Kittayarak
• Date Published: February 2003
• Length: 11 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Japan

Annotation

After presenting an overview of Thailand's constitution and criminal justice system, this paper focuses on the new procedural reforms designed to ensure the due-process procedures in criminal justice mandated in the constitution.

Abstract

Thailand's constitution was instituted in 1997 as another step in its evolution toward democratic principles. The impetus for this new constitution was the perceived corruption of the past administration and the government's indifference to the plight of the country's marginal and underprivileged sectors. The campaign for political reform was supported by representatives of business and the growing middle class. The new constitution has forged the ground rules for transforming Thailand from a bureaucratic polity prone to the abuse of political rights and corruption into a more participatory society in which citizens will have greater opportunity to pursue their personal goals within Thai society. The constitution has established the framework of laws and administrative procedures that promote citizen participation, protect individual liberties, restrict the state's power to infringe upon individual rights, advocate an independent judiciary, and create mechanisms for greater transparent and accountable government. This paper discusses the ideological implications of the direction of the reform and the organizational reform of the criminal justice system. The discussion of the latter topic addresses the restructuring of the Ministry of Justice in order to provide a coherent national criminal justice policy. The author notes that although the foundation of ideas and principles for a more democratic society have been laid in the constitution, it will take time for agencies within the new criminal justice structure to implement and become accustomed to the new roles and responsibilities. Appended selected provisions of the constitution that pertain to criminal justice reform and an organizational chart for the new Ministry of Justice