THE PROBLEMS OF EXERCISE OF DISCRETION OF INQUIRY OFFICIALS IN CASE OF COMPLAINT REJECTION IN THE CRIMINAL CASES

Abstract

          The objectives of this article were to 1) study the principle of the inquiry official discretion as to rejection of criminal case filed by a victim and 2) suggest solutions for using the inquiry official discretion as to acceptance of criminal case to ensure people’s fairness. The research adopted the qualitative research method using the documentary analysis and in-depth interview. The research data was collected by the in-depth interview of relevant parties. The key informants were 17 purposively selected people including 2 chiefs, 5 inquiry officials and 10 victims from 5 police stations in Provincial Police Region 8 Area Surat Thani Province. This is to understand the differences existing in each area comprehensively. The study found that: 1) there were various factors causing the problem of the principle of the inquiry official discretion as to rejection of criminal case filed by a victim as follows. The number of an inquiry official was small. Some officials were transferred from other departments. The compensation for a case was inappropriate. Their performance was sluggish. Their chief intervened in inquiry official discretion. 2) The official discretion principle must ensure the fairness. The chief shall ensure the inquiry official enjoys freedom in decision. The inquiry official should be assigned officially to monitor the case file. The number of inquiry official should be increased. The chief and inquiry officials’ performance and transparency should be examined by an external agency. The victim should have right to voice a complaint filed by telephone and e-mail.