Prosecution in bad faith under the Criminal Procedure Code, section 161/1, paragraph two, and the limitation of the right to prosecute

Abstract

Academic article on Prosecution in bad faith under the Criminal Procedure Code, section 161/1, paragraph two, and the limitation of the right to prosecute aims to study the concept legal principles concerning the limitation on the right to prosecute. both domestically and internationally in order to analyze the suitability of applying this law in Thailand, this article uses method by documentary research. The Criminal Procedure Code Amendment Act No. 34 Section 161/1 second paragraph intent of the drafting limit the legally injured person’s right to prosecute a criminal cause in bad faith if the plaintiffs will flu disobedience of the court order or judgment in other criminal case.  When studying such provisions by comparing with the principles of international law and the principles of foreign law found it was found that This principle of law contradicts the concept of human rights that criminal plaintiffs must receive assistance from the state to access the justice process. Contrary to the principle of limiting the right to file a lawsuit in bad faith set by civilized countries. As such, in order for the provisions in the criminal procedure law to be accepted by various civilized countries, this article presents the legal issues and effects on prosecution in bad faith under the Criminal Procedure Code, section 161/1, paragraph two. with restrictions on the right to prosecute