Journal of Thai Justice System

A Comparative Study on Efficiency of Bluestar and Luminol Chemiluminescent Reagents in Bloodstain Detection on Single-ply and Two-ply Fabrics Laundered with Detergent.

Rattanakon Phongsa — 2024-08-30

Currently, there are many crimes. A number of studies on crime scene investigations have been reported. This indicates a significant problem in Thai society, especially crimes involving life and property, such as assault cases, murder cases, robbery or robbery, etc. There must be a method for location analysis in case solving because the crime scene is considered the starting point of an offense. According to criminal statistics from the National Statistical Office, the rates of crime cases related to life, the body, and sex were found to increase from 2011–2022. Each case was complicated and became an unusual staged crime. In these cases, forensic science plays an important role in the investigation of offenders. Therefore, in this study, the effectiveness of the tested fluorescent chemicals, Bluestar and Luminol, for detecting blood stains on single-ply and two-ply towels washed with detergent was investigated. A drop of blood on single-ply and two-ply towels was prepared, and the samples were washed with washing powder and detergent after being left for 2 minutes before cleaning. The single-thread and double-thread towels were cleaned 10 times, each time 1 day apart. After 10 washes, the single-ply and two-ply towels were tested for luminescence reactions with Bluestar and Luminol via photocoagulation. Images of the fluorescence reactions of the Bluestar and Luminol chemicals were then recorded. The results showed that the Bluestar can detect bloodstains on single- and two-ply towels that are washed with washing powder and detergent more than Luminol. Moreover, Bluestar exhibits greater luminescence than Luminol does.

Legal issues regarding criminal liability for sexual harassment through computers

Chatwarun Nackwichet — 2024-08-30

In studying legal problems regarding criminal liability for sexual harassment through computer, the objective is to study the meaning and types of sexual harassment through computer as well as the effects that occur and criminological concepts regarding punishment for sexual harassment through computer and the concept of criminal liability for sexual harassment through computer and analyze the problems and impacts of using the Criminal Code, Section 397 and the Computer Crimes Act (No. 2) B.E. 2017 in sexual harassment on social media, as well as to study ways to develop Improving the law by amending the Computer Crimes Act (No. 2) B.E. 2017 to establish criminal liability for acts of sexual harassment through computer using documentary research methods.

The results of the study found that

Applying the provisions of the Code, Section 397, which is a misdemeanor offense, and the Computer Act on Computer Crimes B.E. 2007 (amended by Computer Act 2017) used to punish those who commit sexual harassment on social media is inappropriate both in terms of punishment and the said law does not yet cover the nature of behavior that affects the victim in society.
Carrying out the legal justice process is difficult due to the lack of proof of guilt and the lack of boundaries of the internet world. This makes tracking down anonymous perpetrators difficult. This causes the prosecution to take a long time and the result is that the perpetrator receives only a slight punishment that make the offender have no fear.

Principles of independence of the Constitutional Court: A Comparative Study of Foreign Countries

Thanapat Patchim — 2024-08-30

The research entitled "The Neutral Principle of the Constitutional Court: A Comparative Study of Theories in Foreign Countries" aims to explore concepts and theories regarding the neutral principle of the judiciary, including essential components of the neutral principle of the judiciary as a view of development on the spirit of the principle provided in the Constitution of the Kingdom of Thailand. This research also compares the neutral principle of the Constitutional Court of Thailand with the parallel principle as applicable to other courts in the Thai judicial system as well as constitutional courts or equivalent organizations in foreign jurisdictions. Suggestions on concrete ways to develop or ameliorate relevant laws or administrative measures were focused on. This qualitative research is based on both documentary examinations and in-depth interviews with key persons in Thailand, such as former judges of the Constitutional Court, judges in the Supreme Court and qualified persons in legal science and political science.

It was found that the neutral principle of the Constitutional of Thailand, the Constitutional Court of Austria, the Constitutional of Germany, and the Constitutional Council of France have, as its components, at least two aspects of independence. First, they require substantive independence. The Constitutional Court must be free to perform its duties and exercise its power without any interference from the legislative, executive, and judicial branches. Also, it must be independent in its structure, including the process of the selection and appointment of the judges. The second aspect of independence lies in individual matters, in which the Constitutional Court must be equipped with independence in terms of being in charge position, duty performance, removal or replacement.

The comparative analysis of the neutral principle of the Constitutional Court of Thailand and equivalent international organizations leads to recommendations for the amelioration of law with the goal of bringing the neutral principle of the Thai Constitutional Court into conformity with international standards. To this end, the law should be amended with respect to the qualifications of judges of the Constitutional Court, where the judges can be selected from experts in public law. In addition, to avoid interpersonal relationships, the organization of training programmes by the Constitutional Court should be reviewed to prevent prejudicial effects on the neutral principle pertaining to this Court.

Development of forensic laboratory networks for international standard accreditation

Parinya Seelanan — 2024-08-30

The feasibility of international standard accreditation for forensic laboratories can be aligned through the process of preparation, audition and evaluation among internal supporting units and alliances with communal duties. Collaboration within forensic networks becomes more important when the standard guide and operation are involved. The participation level and development of forensic laboratory collaboration were examined as the research objectives. A qualitative study of officers who were engaged in forensic operations and related fields was performed via in-depth interviews. Three groups of key informants, a forensic officer, an academic researcher, and stakeholders from both the government and private sector for 19 persons in total, were interviewed and analyzed. It was found that (1) the participation level of the forensic laboratory collaboration were 4 levels which are academic and service consultation level, academic forming level, examination service level and committee and advised placation level; and (2) action guideline for the development of forensic laboratory collaborative network consists of 2 phases; Phase 1 which is short-term management of well-prepared equipment and competent-based training for the staffs and Phase 2, long-term development. Processes of the collaborative network for the long-term development involve participation in the regulatory and basis of the laboratory, enhancement on forensic examination scopes and measures, and separation of the unit administration from the laboratory facility. The strategy for long-term phase must be supported by interorganizational collaboration under the short-term management. Thus, the process model for standard accreditation guidelines was proposed. In summary, forensic laboratory is encouraged once the participation level and operations are evaluated and qualified. The standard accreditation can be achieved under forensic laboratory network and the participation based on the proposed model.

A Perspective Framework for the Development of a Follow-up and Assistance Program for Released Prisoners

Premruedee Petgoon — 2024-08-30

This research article is a part of the project entitled “The Evaluation of the Follow-up of the Released Prisoners Program,” which aims to develop a program to monitor and provide assistance to those released from prison and compiles a network database to create a systematic process for aiding those released from prison. This research is qualitative research. Data were collected from a sample of 30 people, consisting of executives and operational officers of the Department of Corrections, network agencies, entrepreneurs, and organizations involved in post release monitoring and assistance to released prisoners. The opinions obtained from the sample group were exploited by the experts to develop an application with a follow-up and assistance program. To support and assist the released prisoners, the program consists of online job applications, emotional assessments, missions for the community and training courses, etc. The research results revealed that the majority of the sample group agreed that the application is interesting, not complicated, and easy to use. Moreover, the program can inspire pre-released prisoners and ex-convicts from prison. Therefore, for the continuity and sustainability of the application, government sectors or related agencies should provide formal announcements to support the use of the application along with cooperation between the Ministry of Justice and network agencies.

Development of an Efficient Offender Classification System in the Second Year

Vachiravitch Ittithanasuphavitch — 2024-08-30

The research project is extended from the project of solving for recidivism, which is based on the research titled “Development of the tool for classifying the offender in the first year". A tool for classifying offenders with 30 common factors responsible for forecasting repetitive offenses was developed. Consequently, the research in the second year aims to (1) test the reliability of the research tool for offender classification obtained from the research project on solving for recidivism in the first year; (2) trial the research tools for the target group under the responsibility of the Department of Corrections, the Department of Juvenile Observation and Protection, and the Department of Probation and Office of the Permanent Secretary for Justice; and (3) develop a model of the classification system that is efficiently capable of classifying risks and needs in habit rehabilitation to prevent and solve the recidivism problem for the offender who entered the Ministry of Justice’s behavior development therapy system. Documentary research was applied in this study, whereas the focus group and an in-depth interview were utilized as research tools. Moreover, the data were analyzed via a predictive model using artificial intelligence (AI) in the field of machine learning. The massive data from the database of the Ministry of Justice (MOJ Data Lake) from 2017-2021, with 2,035,991 sets in total, were subsequently cleaned into 1,384,998 sets. Then, they were analyzed to obtain the values of accuracy as well as the factors that influence the offender classification.

According to the research findings, (1) the test for the reliability of the research tool for offender classification obtained from the first-year research project yielded 28 variables with appropriateness over 50%. There is 1 variable with 50% appropriateness and 1 variable with appropriateness below 50%. With respect to the reliability of the tools for classifying the offenders by score value, it appeared that there were 7 variables with “the highest” score, 18 variables with “high” score, and 5 variables with “medium” score. (2) On the basis of the trial of research tools on targets under the Department of Corrections, the Department of Juvenile Observation and Protection, and the Department of Probation and Office of the Permanent Secretary for Justice, the offender classification from the Department of Corrections exhibited 16 variables. The Department of Juvenile Observation and Protection engaged 21 variables, whereas the Department of Probation employed 22 variables for the classification. Moreover, (3) the model of the classification system for offenders who entered the behavior development therapy system of the Ministry of Justice established 3 models in total according to each mentioned department. The accuracy test after adjusting the model yielded 80.07% for the Department of Juvenile Observation and Protection, 85.03% for the Department of Probation, and 94.25% for the Department of Corrections.

The Action Research on the Legal Execution Procedure of Non-Executable Property Clearance Measures

Chavanut Janekarn — 2024-08-30

According to the legal execution statistics, the Legal Execution Department, Thailand, has a total of 18,585 remaining items that have been held up for sale at legal execution auctions over 10 years. The aim of this research is to carry out a pilot test on non-executable property clearance measures for substantial management and execution procedures. The action research was performed under 4 types of individual designed models. To test the feasibility of each model, a trial of the non-executable property clearance measure was implemented in 10 targeted areas in Bangkok and other provinces. This approach can define problems within each model and lead to proper implementation in real practice recognized by organizations and stakeholders. The results showed that the execution procedure of non-executable property clearance measures through this action research delivers a success model while some prototypes can be extended to other areas. Recommendations for improving nonexecutable property clearance applications include issuing ministerial regulations for special measures. A special service unit responsible for proactive property clearance measures should be established. An area-based integrating team to handle this property is encouraged. In addition, the rights of information access to private land cadastral surveys from both the debtor and stakeholders should be considered by the Official Information Commission.

Adoption of Value-based Confiscation in Drug Case

Thanyapong Sangphet — 2024-08-30

In this work, the research objective is to study the principles of the forfeiture of property on the basis of value confiscation and drug cases in Thailand. Measures for the forfeiture of property were considered criminal punishments. Importantly, they were influenced by the establishment of forfeiture measures based on the theory of punishment for interception or deterrence.

The study revealed a penalty for confiscation under the theory of punishment for interception or deterrence. Considering legal measures, property confiscation is divided into 2 important systems: property-based confiscation and value-based confiscation. The property-based confiscation system had more restrictions on enforcing the offenders’ property greater than the value confiscation. In other words, the offender with value confiscation cannot avoid being confiscated by hidden or manipulative properties derived from the offense. Due to the confiscation enforcement of the property, according to the value, it could also be done with other assets of the offender. There was no limitation of the property specified in an indictment within the case or the property acquired from the commission of the offense. A study of foreign law revealed that the British case adopted the value confiscation system as an enforcement principle. It was stipulated in the Proceeds of Crime Act 2002. That was the measure of property confiscation by comparing it with the amount of money stated in the verdict as the forfeiture of the defendant. In addition, if it appeared to the court that the defendant had a criminal lifestyle, the court considered a presumption to transfer the property to the defendant within six years from the date of the commencement of the judgment to assess the “recoverable amount” of the defendant's criminal lifestyle as an additional measure. Since the measures taken in the suppression of the Narcotics Act B.E. 1991, Section 29 and the predicate offence according to the Anti-money Laundering Act B.E. 2542 of Thailand are still under the property-based confiscation system, forfeiting the property of drug cases is therefore with restrictions on enforcement. Hence, the value-based confiscation should be further adopted as a property forfeiture of drug cases.

Guideline of Dissemination for Tracking Missing Persons and Unidentified Remains of Personal Data Protection Act B.E. 2562

Ploisamon Iamsila — 2024-08-30

Currently, there are many cases of missing persons and unidentified remains whose identities have to be tracked and verified. The Central Institute of Forensic Sciences in Thailand is an institution that has the authority and responsibility to disseminate information about missing persons and unidentified remains to the public as a means of helping and supporting government agencies in tracking missing persons and identifying unidentified remains. However, disseminating information currently requires awareness of the consequences and privacy of individuals who will be affected by such dissemination due to the rapid advances in technology with greater use of social media or the internet. As a result, transferring or transmitting data is convenient and fast. This leads to more high-risk impacts, such as violations of the privacy rights of personal data, which results in nuisance and damage to the owners of personal data. The Personal Data Protection Act B.E. 2562, commonly known as the PDPA: Personal Data Protection Act to ensure the protection of personal data of data subjects, has been enforced since June 1, 2022. This article introduces guidelines for disseminating the personal information of missing persons and unidentified remains to account for the potential consequences of disseminating information. Moreover, such information should be disseminated with caution. Accordingly, this guideline can help in tracking missing persons and unidentified remains quickly. This approach is easily accessible, is gradually expanding and is a simple and convenient channel for informing or providing information. For these reasons, it aims to increase the efficiency of tracking missing persons and unidentified remains. It is primarily to return them to their homes or to perform religious ceremonies among their relatives. Finally, this can be further applied to maintain social justice and human dignity.