EXAMINATION PRINCIPLE IN THE FACT FINDING PROCESS OF CRIMINAL PROCEDURE

Abstract

This dissertation purposes 1) to study Examination Principle in the fact finding process of criminal procedure in Code of Thailand and Foreign 2) to study the problems regarding the fact finding process of criminal procedure involving the fact finding structure and the organization’s investigative roles in justice processes pursuant to the Criminal Procedure Code.

             According to the study, it was found that the fact finding process of criminal procedure in Thailand consists of the fact finding structure and the organization’s investigative roles in criminal justice processes which are not in conformity with the principles and theorem. Such discrepancy is caused by the different factors such as the legislations, interpretation of law application, lawyer education and production, to the extent of resulting in negative impacts on the investigation efficiency and the alleged offender or the defendant’s right protection compared with the foreign investigation employing the identical system.

             Hence, the concepts regarding Public Prosecution principles of the accusatorial system as the European region to conduct prosecution by relying on the Examination principles in which the Public officers plays investigative roles and all the divisions relating to the procedures are obliged to mutually investigate to acquire the facts of the matters alleged and relating to the offenders as extremely complete accompany with the due inspection of duty performances between each other to improve the Criminal Procedure Code of Thailand.