Report summarizing research results Study project to develop special measures for witness protection according to the Witness Protection Act in Criminal Cases 2003, Section 10 (3).

Abstract

This research aims firstly, to study on structure and management of legal process for changing witness identity and others witness documents which relate to new identity and for re­ identity of witness and document under section 10 (3) of Thai Witness Protection Act of B.E. 2546. Secondly, to compare with five countries , France, United Kingdoms, Unites States of America ,Australia, New Zealand and Hong Kong, on structure, management and legal practicing on changing identity and re-identity for witness protection program. Finally, to analyst and purpose for improve structure and management in order to make efficiency and development on Thai legal process on changing witness identity and re-identity.

As for methodology on this research, it has done mainly on documentary research by reviewing laws and regulations of Thai and others countries with relate to structure and manage­ ment on changing identity and re-identity of witness in criminal cases. In additions, three meeting with experts and stakeholders in Thai witness program has been done for critic and recommend to develop and conclusion of final recommend to improvement of Thai legal process on changing witness identity and re-identity.

The study of this research found that there is difficult to implement of witness identity changing under section 10 (3) of Thai Witness Protection Act of B.E. 2546. Two main reasons are Thai law has no provision authorized public registrar to provide one witness with two personal number, thus new witness identity can be found by trace on personal number. The second is there id no legal immunity for the official who changes information of personal witness for applied to new identity or new witness document after providing new identity. For these reason, Witness Protection Department cannot cooperate to the Registrar for witness identity change or other public department for issuing new witness documents at all.

As far as U.S.A. and Australia experience are concerned, the research has been con­ cluded that a short term development should be issued regulation by Ministry of Justice under section 5 of Witness Protection Act of B.E. 2546 to make clear the process of changing witness identity under a restrict of the law on one person one personal number and how witness protection department could cooperate to the registrar for issued new identity. As for a long term development, the study recommend to amendment The Act to provide state official authority to change new identity of the witness with new personal number and to provide immunity on criminal liability or civil liability for protection of state officials authority who have done any action on the process of changing identity of witness or new witness document after providing new identity and all of action for re-identity.

As for the protection of disclose information of witness identity, the study recommend that the structure and management of witness identity change should be short and close among authorized officials and should be directly response to Ministry of Justice.