Problems of Protection of the Accused’s Rights at the Preliminary Hearing for Case Filed by Public Prosecutor

Abstract

This research aims to (1) study the concepts and principles concerning the protection of the accused’s rights at the preliminary hearing, (2) investigate the accused’s rights at the preliminary hearing in Thailand, Federal Republic of Germany and the United States of America, (3) analyze the problem of protection of the accused’s rights at the preliminary hearing for a case filed by the public prosecutor and (4) propose guidelines for amendment to the laws concerning the preliminary hearing for a case filed by the public prosecutor.

The study found the following results. (1) The concept of protection and restriction of rights and liberties of individuals included the principle of finding truth, the principle of case screening and the principle of bilateral hearing in terms of the protection of the accused’ rights at the preliminary hearing. (2) According to the study of the protection of the accused’s rights at the preliminary hearing in Thailand, Federal Republic of Germany and the United States of America, the accused had the right to access to the case screening process by the court, the right to present evidence and the right to appeal. (3) The preliminary hearing for a case filed by the public prosecutor in Thailand was different from Germany and the United States cases. Thai hearing had problems of inappropriate judicial discretion in preliminary hearing as well as restricting the accused’s right to present evidence to the court and right to appeal.

The author argues that the preliminary hearing for a case filed by the public prosecutor should be amended according to the Criminal Procedure Code in terms of determining discretion over preliminary hearing and the accused’s right to present evidence and appeal.