The Issue of Exercising the Right to Defend Against Criminal Charges by the Accused or Defendant in Criminal Cases in Thailand: A Comparative Study of the Recognition of Rights Under the International Covenant on Civil and Political Rights

Abstract

   This academic article aims to study the essential aspects of the right to defend oneself in criminal cases by the accused or defendant, under both domestic law principles and international law. It also examines the issues arising from the practices of state officials and the limitations on exercising the right to defend against allegations by the accused or defendant in criminal cases, by examining both the legal system and the social context. This qualitative study collected data from a literature review and document analysis. The objective is to highlight the problems and limitations the accused or defendant faces in exercising their rights in criminal cases.

   The study found that domestic law provides guarantees for the right of the accused or defendant to defend against criminal charges under the International Covenant on Civil and Political Rights (ICCPR). Therefore, the issues regarding the exercise of the right to defend against allegations in criminal cases by the accused or defendant in Thailand do not primarily arise from the legal provisions themselves. The issue of rights violations or the inability to effectively exercise the right to defend against allegations by the accused or defendant in criminal cases primarily arises from the practices of state officials and the social context. However, studying legal principles can help address arising issues more effectively by using the law as a tool to promote access to the right to defend against criminal charges. This serves as a strong guarantee for all parties involved in criminal cases.