https://so04.tci-thaijo.org/index.php/JTJS/issue/feed Journal of Thai Justice System 2024-12-27T00:00:00+07:00 อดิศักดิ์ จันทวิรัช, Adisak Chanvirach ncjad.oja@gmail.com Open Journal Systems <p><strong>Background</strong></p> <p> Journal of Thai Justice System is an academic journal that is made up according to the mission of National Commission for Justice Administration Management under the National Justice Administration Development Act in 2006, which is responsible for publicizing and disseminating knowledge about justice administration. Therefore, the Office of Justice Affairs as the secretary of the National Commission for Justice Administration Management has made up the justice system journal that is issued every 4 month The first journal was published in 2008 with the purpose to promote, support and disseminate academic articles and research of faculty teachers, researchers, scholars, as well as postgraduate students. Additionally it is also promote, education, research, search for new knowledge including developing the existing knowledge in order to develop whole justice process as well as administration system , legal, organizational management, or other related fields for interested parties or the public. In the past, the Journal of Thai Justice system has published academic written articles, research articles on legal and justice sytem. The editorial team consists of experts, lecturers, scholar in related fields who will screene all of the articles and disseminated to educational institutions, agencies, and the public continuously until now.</p> <p> Journal of Thai Justice system has submitted a journal quality assessment from the Thai-Journal Citation Index (TCI) Center in 2013. On April 30 2013 TCI has announced the quality assessment results, for the Journal of Thai Justice system to be classified as second group of journals in the TCI database in Humanities and Social Sciences. On June 30, 2021, the Journal of Thai Justice system was notified of the journal quality assessment results to be ranked in the first group of journals in the TCI database, effective from January 1, 2021 to December 31, 2024.</p> https://so04.tci-thaijo.org/index.php/JTJS/article/view/271149 Fear of Sex Crimes among Secondary School Students in Bangkok 2024-07-26T15:05:13+07:00 Chatdanai Rakchat matum.chatdanai@gmail.com Sunee Kanyajit kanyajit@hotmail.com Veenunkarn Rujipark veenunkarn.ruj@gmail.com Natthapon Sokantat nattha.sok@gmail.com <p>The purpose of this research is to study the level of fear of sex crimes among secondary school students in Bangkok, the risk perception of sex crime victimization among secondary school students in Bangkok, and the perception of sex crime-related news among secondary school students in Bangkok. The samples included 400 secondary school students in Bangkok from single-sex schools for male and female students and coed schools by using quantitative research methodology. Data were collected via the research questionnaire. The statistics used for data analysis included frequency, percentage, average, standard deviation, independent t-test, one-way ANOVA, and multiple linear regression analysis.</p> <p>The results revealed that the majority of the samples were female senior high school students who studied in coed schools. Most of them perceived sex crime-related news from various online media, such as Facebook, Instagram, Twitter, TikTok, etc. The frequency of perceiving sex crime-related news was 1-3 times/week. Their risk perception of sex crime victimization was at a high level, in which action was at a high level, followed by talking at a high level and thinking at a high level, respectively. The overall fear of sex crimes in school was at a moderate level. The overall fear of sex crimes in the family was at a low level. The overall fear of sex crimes in public areas was at a high level. When the level of fear of sex crimes was compared across secondary school students of different genders, grades, and schools, there was a statistically significant difference in the level of fear of sex crimes in school, family, and public area at the 0.05 level of significance. The students with different frequency of sex crime-related news perception exhibited no statistically significant difference in the fear of sex crimes in school, family, and public area at the 0.05 level. There was a statistically significant correlation between the risk perception of sex crime victimization and the fear of sex crimes among the students at the 0.05 level. The level of fear of sex crimes among the students was predictable at 15 percent.</p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/272995 The The legal measures and establishment of a national DNA database for forensic evidence in criminal cases 2024-09-12T15:07:16+07:00 Wiyada Thongpagde rwine.th@gmail.com Supatra Phanwichit PhanwichitS@gmail.com Wanwipa Muangtham Wanwipa@gmail.com <p>This legal research aims to (1) Study the laws for storing DNA. DNA storage power DNA storage guidelines and the preparation of DNA databases in England, the United States, the People's Republic of China, and Thailand. (2) Analyze and compare DNA storage laws. DNA storage power DNA storage guidelines and the preparation of DNA databases for England, the United States, and the People's Republic of China. Compare with Thailand, and (3) propose legal measures and create a national DNA database for forensic evidence in criminal cases.</p> <p>The research results (1) studying DNA storage laws, DNA storage power, DNA storage guidelines, and the creation of a DNA database found that in England, legislation was enacted to authorize the storage of DNA and to establish criteria for classification according to offenses and storage methods according to human rights principles. Each state has the authority to enact its laws in the United States. There are primary laws supporting the systematic search for information. In the People's Republic of China, DNA is stored without law but through the state's authority. In Thailand, DNA is stored only based on consent. (2) the analysis and comparison of DNA storage laws, DNA storage power, DNA storage guidelines, and the creation of a DNA database found that in England, the law has been changed to allow compulsory DNA storage for the state's benefit in maintaining the country's security and safety. The United States has three levels of data linkage laws and agencies: the local, state, and national. The People's Republic of China can compulsorily collect DNA from citizens according to state policy, taking into account the goals of collection. While Thailand has the constitution of the Kingdom of Thailand as the highest law that supports the use of forensic science in the justice process, it can only apply equally in some cases. (3) There are three proposals for legal measures and the creation of a national DNA database for forensic evidence in criminal cases: 1) DNA storage authorization: Laws should be enacted to protect individual rights and freedoms, equivalent to the state's interest in maintaining the country’s security and effective law enforcement. 2) DNA storage criterion: criteria for storing DNA from the body should be expanded to be flexible. It is considered that storing DNA from a person's body only slightly affects the rights and freedoms of the person more than the benefit of the state. Establishing criteria for storing DNA has limitations that hinder the preparation of a DNA database for forensic evidence in criminal cases. And 3) the national DNA database preparation: laws should be implemented to systematically search and link data in the DNA database to the greatest benefit of the people, particularly in using it for concrete forensic evidence in criminal cases.</p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/273405 A A Study of Modus Operandi and Guidelines for Improving the Interrogation of Online Shopping and Service Fraud 2024-07-10T11:30:28+07:00 Jureerat Thapalabutr t.jureerat.tha@gmail.com Seksan Khruakham seksankk@rpca.ac.th Kantita Sripa kantitas@gmail.com <p>The incidence of fraud and deception in online sales and services tends to be greater due to the public's increasing tendency to purchase products through online channels, leading to an increase in the number of victims. This study aims to explore (1) the perpetrators’ modus operandi in online shopping and service fraud, (2) the interrogation process, including the problems and obstacles encountered, and (3) guidelines for improving police interrogation of online shopping and service fraud. This study employed a qualitative research method, using in-depth interviews with the key informants. These included six police officers from the Cyber Crime Investigation Division 1 - 2 and local police stations, as well as six individuals who were victims of online shopping fraud. The findings revealed that online shopping fraud primarily occurred on Facebook. The perpetrators selected products for deception based on the season or the current demand for those products. The most common form of fraud involves the non-delivery of products after payment by money transfer from the victims. The crucial method of police investigation was to examine financial transactions to track perpetrators. However, problems of mule accounts, failure with bank corporation to request suspicious account information, and a lack of technological skills among police officers were encountered. Therefore, improvement guidelines for training and enhancement of technological knowledge and skill for police officers must be established. Moreover, fostering cooperation with external agencies to handle these problems effectively in the future should be emphasized.</p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/273622 Participation in the Community Justice Process in Wang Tha Di Subdistrict, Nong Phai District, Phetchabun Province 2024-10-18T09:06:22+07:00 Apinan Thasunthorn kingkongfc1@gmail.com Nattawut Suthiprapa Nattawut_s@gmail.com Sukanda Thongkham Sukanda_T@gmail.com Suwanit Tednuan Suwanit_T@gmail.com Uraiwun Sienarang Uraiwun_S@gmail.com <p>This research aimed to study the patterns of participation in the community justice process and to identify approaches for participation in the</p> <p>The aims of this research are to study the patterns of participation in the community justice process and identify approaches for participation in the community justice process in Wang Tha Di Subdistrict, Nong Phai District, Phetchabun Province. Qualitative research was applied via in-depth interviews of six key informants under three groups, two participants from each group as follows: (1) administrative officials, (2) local government officials, and (3) community representatives. Data analysis and triangulation were conducted through different methods: (1) data collection method triangulation, (2) data triangulation, and (3) researcher triangulation.</p> <p>The research findings revealed that participation patterns in the community justice process were public participations that addressed community issues and needs within the framework of deliberative democracy. These patterns included the following: (1) crime prevention measures such as (1.1) regular monthly checkpoints and patrols by the administrative officials; (1.2) establishing social rules, village regulations, or village charters with social sanctions; and (1.3) providing education on drug abuse and crime, (2) participation in the community justice process which were (2.1) mediation by community justice center and government complaint center (Damrongdhama center), and (2.2) village meetings.</p> <p>Approaches for participation in the community justice process included (1) job offer, career promotion and vocational opportunities with financial support and (2) enhancement of community networks for surveillance monitor in high-risk areas.</p> <p>The practical recommendations were as follows: (1) establishment of community dispute mediation centers in accordance with the Mediation Act of 2019; (2) forming community volunteer groups; (3) training on basic crime prevention and vocational skill; and (4) installation of CCTV cameras in high-risk or vulnerable areas to prevent crime.</p> <p><strong> </strong></p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/271038 Success factors and obstacles in the mediation process of Songkhla Juvenile and Family Court 2024-06-24T11:07:12+07:00 Suttichai Rakjan rakjan_b@hu.ac.th Wanchalerm Wongsanansin wanchlearm@hu.ac.th Nonlanee Chuadchum nonlanee.chu025@hu.ac.th Pattamapong Rattanakosai pat.cu.mpa41@gmail.com <p> This research aims to achieve three objectives: 1) to study the successful mediation models of Songkhla Juvenile and Family Courts and increase the chance of mediation success, 2) to study the factors, problems, obstacles, and suggestions for the development of mediation procedures in family cases of Songkhla Juvenile and Family Court, and 3) to propose appropriate solutions based on the research findings. The researcher employed a qualitative research methodology, collecting both secondary and primary data. Data collection methods included non-participant observation and semi-structured interview.</p> <p> The study revealed four key factors that contribute to the success of dispute mediation of Songkhla Juvenile and Family Courts: 1) the expectations and goals of entering the mediation process, 2) the role of the mediator in achieving success in family dispute mediation, 3) the procedural aspects of the mediation process. and 4) additional factors including the amount of capital and the involvement of external parties in the mediation negotiations.</p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/274194 Problems of legal duties and powers of local administrative organizations in controlling and preventing environmental crimes related to forest resources 2024-10-16T15:28:09+07:00 akkakorn chaiyapong mr.akkakorn@gmail.com <p>The objectives of this study are as follows: (1) To study the legal limitations in controlling and preventing environmental crime related to forest resources by local administrative organizations. (2) To examine the legal authority and responsibilities in controlling and preventing environmental crime related to forest resources by local administrative organizations. (3) To explore approaches for amending laws to decentralize power for controlling and preventing environmental crime related to forest resources to local administrative organizations. Qualitative research involving the study of various documents and in-depth interviews with key informants was performed.</p> <p> The result indicates that the Act on the Establishment of Plans and Procedures for the Decentralization of Power to Local Administrative Organizations, B.E. 2542 (1999), Sections 16 and 17, do not delegate authority to local administrative organizations to ensure their duties in preventing and suppressing environmental crimes. This lack of decentralization makes it impossible to effectively carry out the control and prevention of environmental crimes. In contrast, under the legal framework of the Commonwealth of Australia, the Environment Protection and Biodiversity Conservation Act 1999 empowers local administrative organizations and local officials to prevent and penalize individuals who negatively impact natural resources within the jurisdiction of these organizations. Similarly, in the United States, particularly in the state of California, the law recognizes the authority of local governments to enforce environmental protection measures and manage natural resources effectively. According to the Resource Conservation and Recovery Act of 1976, local administrative organizations are empowered to work alongside state governments to prosecute individuals who violate or damage natural resources and the environment. This is done under the principle of responsibility to the local community. Therefore, amending the Act on the Establishment of Plans and Procedures for the Decentralization of Power to Local Administrative Organizations, B.E. 2542 (1999), Sections 16 and 17, is recommended to further ensure the delegation of power for controlling and preventing environmental crimes to local administrative organizations.</p> <p> </p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/271144 Romance Scam Prevention Guidelines 2024-06-24T11:06:15+07:00 Chatchaya Sopasirisup mildchut@gmail.com Patcharaphan Nakpong patcharapan.n@gmail.com Sunee Kanyajit kanyajit@hotmail.com <p>The purpose of this research is to study the causes and provide guidelines to prevent romance scam victimization. The qualitative research method was employed by conducting in-depth interviews with 22 key informants. There were 3 groups of key informants: 1) 10 victims who made the record or reported to the police station; 2) 10 chief inquiry officers from the Technology Crime Suppression Division (TCSD) and the Police Cyber Taskforce (PCT) of the Royal Thai Police; and 3) 2 system administrators.</p> <p>The results revealed 3 causes of romance scam victimization: 1) lack of experience, 2) love, fascination, the habit of showing love, and 3) greed. Guidelines to prevent romance scam victimization were proposed for 2 main schemes as follows, 1) suppression of offenders; for example, the government should accelerate the process of freezing proxy bank accounts used as a tool for offenders to commit crimes; and 2) victim’s self-protection: people must live their lives carefully with conscious decision when making friends via online platforms.</p> <p> </p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System https://so04.tci-thaijo.org/index.php/JTJS/article/view/272124 Principle of Equality in Accessing Public Service with Public Organization in Thailand 2024-06-24T11:02:18+07:00 Watchara Klinsuwan watchara_klin@hotmail.com Sompong Saetan pongsae@hotmail.com Kriengkrai Charoenthanavat tham38@hotmail.com <p>This article aims to study the basic principles and rule of the principle of equality, which is a general principle of law. There is an important rule that people must be treated similarly in the same essence and also be treated differently in different essential ways, according to the unique characteristics of each person. The same treat of people in different substances is therefore unequal. The essence of the principle of equality in accessing public services, which is intended to provide public services for the benefit of the people equally, is then studied. This must be considered both by the service recipient and the service provider, including the principles and rules for public services as the basis for performing state duties. Important rules created with equality, continuity, and adaptability, and the characteristics of public organizations which are government agencies designed for the specific mission of providing public services to society and culture, must be studied. The efficiency in management and mission operations are subsequently expected by considering the relationship and connection of the principle of equality in accessing public services and public organizations in Thailand in the aspects of engagement, utilization, and effect. The study revealed that (1) the principle of equality in accessing public services and public organizations in Thailand is systematically bound by law. There are general principles of law as one of the important rules of the principles of public service, one of the principles of good governance, and one of the ethical standards for boards, executives, officers, and staffs in public organizations. (2) The principle has been applied to the missions of public organizations to some extent. It has a positive effect on the system’s commitment. However, (3) this principle has not yet been applied, which has a negative effect to the commitment. This may be caused by a lack of knowledge and understanding of public organizations. Therefore, for effective law enforcement to be consistent with the system’s commitments, the establishments of knowledge and understanding, and the application of the principles of equality in accessing public services with public organizations in Thailand for people who are involved with public organizations must be achieved.</p> 2024-12-27T00:00:00+07:00 Copyright (c) 2024 Journal of Thai Justice System