The use Inquisitorial System in the Trial in Environment Cases of The Courts of Justice

Abstract

Present Thailand has special direct environmental courts. The first is the Administrative Environmental Investigation Agency which uses the inquisitorial system to seek facts an evidence. The second one is The Court of Justice Environmental Investigation  Agency which uses accusatorial system. Which can be directly judge and proceed the legal process. Environment case is a matter of public benefit and it may be impact ecosystem of the world. Some cases  may not be considered the evidence from only witnesses or documents but that is to prove by themselves or prove by experts scientifically, such as water pollution problems, odors problems, etc. To prevent doubt on the innocence and guilt of the accused of the trial in the High Court of Justice, we should use the inquisitorial system instead of accusatorial system currently in use. This is to ensure public benefit interest and also provide fairness to the individual according to the spirit of environmental laws.