The Role of Public Prosecutors in Using Alternative Measures Instead of Non - Public Interest Prosecution: A Comparative Study between France and Thailand
Keywords:
public prosecutor, discretion, cases will not serve the public interest, the criminal diversion measuresAbstract
This research aims to study the structure of the public prosecutor’s organization, theories and principles of criminal prosecution and the implementation of alternative measures instead of bringing criminal prosecution for non-public interest case in comparative between France and Thailand according to the Prosecution Organization and Public Prosecutors Act, B.E. 2553 (2010) and the relevant regulations of the Office of the Attorney General.
The study found that Thailand adopted the same discretion principle as France. Public prosecutors are not required to prosecute all criminal cases. If any prosecution is not served public interest propose, the public prosecutors shall have the power to not prosecute criminal cases. However, French public prosecutos have the power to exercise broader discretion based on public interest and adopts any alternative measures that are more suitable than criminal prosecution. Thai public prosecutors do not have the power to not prosecute non-public interest case. They have to present the opinion to the Attorney General for non-prosecution order. In the case that the Attorney General orders a non-prosecution order, there are no other conditions or alternative measures available instead of a non-prosecution order. Therefore, Thai public prosecutors chose not to consider the public interest criteria prior making the prosecution order.
The author suggested that the Prosecution Organization and Public Prosecutors Act, B.E. 2553 (2010) should be amended to allow the Attorney General and authorized public prosecutor to have the power to apply alternative measures with the non-public interest case order to support the public prosecutor to be allowed to consider the public interest criteria prior prosecuting any criminal cases, which is one of the important roles of public interest keeper.
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