Mediation Problems in Criminal Cases: A Study of the Phang Khen Subdistrict,Na Tan District, Ubon Ratchathani Province
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Abstract
This research aims to study the concepts, principles of criminal offense determination and dispute mediation, focusing on compoundable criminal offenses, as well as related laws, regulations, and rules. Moreover, obstacles in criminal mediation together with analysis and recommendations for improvement of criminal law and criminal dispute resolution processes in the Phang Khen subdistrict, Na Tan district, Ubon Ratchathani province, are of interest for enhancing their effectiveness. The study primarily employed qualitative research methodologies, including: 1) literature reviews, 2) structured in-depth interviews via purposive sampling of 18 key informants, and 3) a brainstorming focus group with 11 local stakeholders. The study revealed that numerous laws, regulations, and rules governing dispute resolution in the area practically affect criminal mediation, leading to 1) confusion regarding legal jurisdictions and overlapping agency responsibilities, 2) problems with the avoidance of legal enforcement due to the involvement of multiple sectors, and 3) difficulties in adhering to legal procedures, particularly among citizens who experience confusion and uncertainty. Significantly, the analysis of criminal dispute resolution problems in Phang Khen subdistrict, Na Tan district, Ubon Ratchathani province, indicated that local residents lacked fundamental knowledge about criminal mediation processes, especially regarding which types of criminal offenses are eligible for mediation. They also lacked an understanding of mediation-related issues such as the required impartiality of mediators, acceptance by disputing parties, confidentiality of dispute facts, credibility of personnel and agencies, and comprehension of the entire mediation process. Therefore, the recommendations include promoting a Legal Learning Ecosystem (LLE) within the community to ensure that community leaders and citizens recognize the importance of legal compliance and understand the law and dispute resolution processes. In addition, the revisions, amendments, or repeals of laws, regulations, and rules to align with the Dispute Mediation Act B.E. 2562 (2019), should be considered.
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References
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