Legal Measures on Protection of Crime Victims' Rights Caused by Non-prosecution Order of Public Prosecutor

Abstract

In Thailand, if a public prosecutor issues a non-prosecution order to any criminal cases filed by the state, it seems that the Criminal Procedure Code has no any appropriate measures to protect the crime victim’s rights. In addition to the delay and inefficiency of official responses to victims, vague legislation on the review of non-prosecution orders and no proper government agencies being in charge of discovering new evidence are causes to deteriorate victims’ right and opportunity.

Although the Act on the Compensation for Injured Persons and Expenses of and Compensation for the Accused in Criminal Cases B.E. 2544 (2001), the Act on Protection of Witnesses in Criminal Cases B.E.2546 (2003), the Official Information Act B.E.2540 (1997), and the Justice Fund Act B.E.2558 (2015) have contained some clauses regarding the protection of crime victims’ rights caused by a non-prosecution order of the public prosecutor, it is still insufficient by international standards, and as other accountable law enforcement countries.

Thus, it is essential to Thailand to establish “the Committee on Protection of Crime Victims’ Rights Caused by Termination of Public Prosecution against Defendant”. The working functions of the mentioned Committee is expected to solve aforementioned problems. It is also expected to efficiently enhance Thailand’s legal system on the protection of crime victim’s right caused by non-prosecution order of public prosecutor to meet international standards.