Criminal Procedure in Accordance with the Rule of Law of Prosecutors in Thailand

Abstract

This research article analyzes the structural problems and the exercise of prosecutorial discretion in Thailand that may be inconsistent with the rule of law and proposes policy recommendations and legal proposals for improving the Thai prosecutorial system to be in accordance with the rule of law and international standards. The qualitative research approach was employed with the legal research methods and the technique of in-depth interview with twelve key informants representing stakeholders in the criminal justice process. Findings show that in the criminal procedure in Thailand, prosecutors do not play a proactive role in participating in investigations from the initial stage. Prosecutors are unable to supervise, examine, and control the evidence-gathering process in an efficient manner, resulting in prosecutions being initiated despite having incomplete facts, or the continuation of the proceedings even when new evidence favorable to the accused demonstrates the innocence of the defendant. Such practices are inconsistent with the authority, duties, and appropriate checks-and balances functions of prosecutors under the rule of law. The researcher therefore proposes the following recommendations. Prosecutors should have a role in establishing mechanisms to ensure the legality of the investigative procedures in a concrete manner through participation in or the supervision of investigations from the earliest stages of criminal proceedings. The structure of the investigation and prosecution system should be reformed to correspond with the nature and complexity of different categories of cases. Mechanisms for reviewing non-prosecution orders should be improved to ensure transparency and accountability. Delays in criminal proceedings should be reduced. Ethical standards, institutional independence of the prosecutorial organization, and the awareness of the rule of law within the prosecutorial profession should be strengthened. These measures are intended to ensure that the criminal prosecution in Thailand is conducted fairly, transparently, and consistently with the rule of law, which constitutes a fundamental foundation of democracy and justice in society.