Protection of victim’s right in the case where the court appoints a lawyer

Abstract

The provision of legal assistance by the state to victims in criminal cases, where the prosecutor is the plaintiff, is part of the measure to protect the rights of victims in criminal cases in accessing justice and receiving fair treatment, in accordance with the Declaration of Basic Principle for Justice for Victims of Crime and Abuse of Power 1985.

In Thailand, the right to state-provided legal assistance under the Criminal Procedure Code, Section 44/2, paragraph two, are 3 conditional follow 1.the victim being impoverished 2.the victim unable to hire a lawyer and 3. The submitting a request for compensation in a criminal case as per Section 44/1. Only then will they have the right to a state-appointed lawyer.

The results found that the Thai law imposes restrictions on legal assistance, using income or poverty as a factor in determining eligibility for state-provided lawyers, which mirrors the concept of legal aid in civil matters. However, the reality is that victims are those who directly suffer civil harm from criminal acts. The law’s condition of providing state-appointed lawyers only to poor victims constitutes discriminatory and unequal treatment in the provision of legal assistance. Therefore, it is necessary to amend and improve the legal framework to ensure that the state provides legal representation in civil matters related to criminal cases for all victims, without any conditions