CRIMINAL PROSECUTION OF PEOPLE AND PRIVATE ORGANIZATIONS IN ENVIRONMENTAL CASES

Abstract

ABSTRACT

          This research aims: 1) to study and review the ideas and theories of people and private organizations and participation in preserving the nation’s natural resource and environment, 2) to study the legal problems and limitations of the criminal prosecution of people and private organizations in case they are not the injured persons in the environmental case, 3) to study and analyze the foreign law permitting people and private organizations to criminally prosecute the environmental case in comparison with the Thai law, and 4) to use as the guidelines for the improvement and amendment of the National Environment Quality Promotion and Maintenance Act B.E. 2535 in permitting people and private organizations to criminally prosecute the environmental case. This qualitative research employs documentary research and in-depth interview.

          It was found that when the criminal offence related to the environment was committed, only the state is considered as the injured person who has the power to prosecute the case, except there is the specific law provided that people are also the injured persons so that people can prosecute the criminal case. Such limitation has caused people and private organizations to be unable to prosecute the criminal case against the offenders. This is considered a real problem and obstacle in encouraging people and private organizations to take part in preserving the natural resources and environment. Therefore, it was recommended that the National Environment Quality Promotion and Maintenance Act B.E. 2535 should be improved and amended. People and the private organizations shall have the power to prosecute the criminal case in relation to the environment although they are not the injured persons. In addition, the law on the "criminal procedures on the environment" should be further studied.