Victims’ Rights in the Justice Process: A Comparative Study between Thailand and the United Kingdom

Abstract

At present, although Thailand has enacted legislation concerning the protection of victims’ rights in criminal justice proceedings, such as the Criminal Procedure Code and the Act on Compensation and Expenses for Injured Persons and Defendants in Criminal Cases B.E. 2544 (2001) , such legislation remains subject to a number of limitations. These include, inter alia, the lack of effective enforcement, the failure to adequately encompass psychological and social rights, the existence of overly complex procedural requirements, as well as the absence of specific legislation that systematically safeguards victims’ rights. Consequently, a considerable number of victims are deprived of genuine access to the rights to which they are legally entitled.This article examines the factual and legal dimensions of victims’ rights in Thailand, with a comparative perspective on the United Kingdom, where victim protection has evolved under the concepts of victim-centered justice and restorative justice. The study employs a comparative legal analysis, focusing on key instruments in the United Kingdom, namely the Victims’ Code, the Criminal Injuries Compensation Authority (CICA), and the Victim Personal Statement (VPS).The findings demonstrate that Thailand’s system remains primarily oriented toward legal procedures and financial compensation, while the United Kingdom emphasizes victims’ active participation throughout the justice process and provides more holistic forms of redress. Based on the comparative analysis, the article proposes reforms for Thailand, including the enactment of comprehensive legislation to guarantee victims’ rights in all dimensions, the establishment of an independent supervisory body, the creation of one-stop victim service centers, and the development of a case-status notification system. Such reforms would enhance the effectiveness, comprehensiveness, and alignment of Thailand’s victim protection framework with international standards.