Prosecutor orders investigation of the case

mechanism of balance of justice

Thai Rath Edition

19 May 2022 07:10 a.m.

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It doesn't end and it's back to being a hot topic again.

"The case of a famous actress who lost her life from a speedboat in the Chao Phraya River" when the police concluded the case of this death was caused by the negligence of the people on the boat sent to

"Nonthaburi Provincial Prosecutor"

Because "the rhetoric submitted is incomplete and not concise enough to prosecute the accused", it has become a trend for society to debate on social media. "People" are confused.

There were many doubts in the process of collecting evidence at the investigative level. Soon, the "police officer" came out to clarify and confirm the working principle of being transparent and verifiable.

but legally

"In the case of the public prosecutor ordering the investigating officer to investigate the case, it is not a new matter," which is normal in carrying out his duties because if he sees that

“The prosecution has suspicions.

Lack of clarity.” The prosecutor was able by virtue of the Criminal Code, Section 143 to order the police to collect evidence.

or further investigation

Lawyers specializing in criminal cases provide information that according to general criminal prosecution practices, "prosecutors" check facts.

in gathering evidence relating to criminal cases as

The “investigation officer” who conducts the investigation, collects it and sends it in a form to consider and order the case or not.

If you see that "the investigation is unclear on any issue

or incomplete evidence.” The prosecutor has the legal power to order the investigating officer to collect evidence.

or to investigate further until the facts of the offense are known

in order to bring the offender to sue for punishment

and the investigating officer was unable to deny that order.

but in practice, sometimes it may be swayed to some other direction, such as unable to verify

Couldn't find any further evidence.

as was the case many years ago.

"The case of a gathering of a politician", the investigating officer

and the prosecutor has an opinion to prosecute

But the accused did not come as scheduled.

"until I have to ask the court to issue an arrest warrant" and there is an urgent letter sent to the police to speed up the arrest.

"The prosecutor sued the court" in the end, unable to bring him under the age limit.

reflected in actual practice

“In some cases, the prosecutor does not have the power to force the police to do so.

can only order according to the legal powers.” And if assuming

“Police do not comply will not have the power to issue any disciplinary action," because the prosecutor is not the direct supervisor in the police's line of work.

if compare with

"South Korean prosecutors" who are closer to overseeing criminal investigations

"Prosecutor in Thailand" because the investigation work is the power of the police until it seems that

"Separate criminal cases", although in principle the work between the prosecutor and the investigator should be the same agency.

to be able to order immediately

“Don't have to be out in a book” brings too much delay.

Next comes the issue, "The prosecutor ordered the investigating officer in the case of a young actress's death, taking 20 additional questions".

“Only the prosecutor may not see certain points clearly.” It was necessary to complete the case enough to prosecute the accused.

And the more this case, the more people pay attention.

The standard of the prosecution process is higher than usual.

and set up a working group to collect evidence

Find the facts to clear all doubts.

because it is not that the investigating officer has sent the case in any way, has ordered the prosecution to go like that without careful discretion

So the prosecutor wouldn't be any different from a postman who was only responsible for sending and receiving letters?

Do not forget that "if the evidence is insufficient to sue for that charge", but then urged the court to dismiss the case.

"It would cause serious damage" because if assuming that

Later, important evidence emerged.

or having witnesses to confirm the incident clearly will not be able to bring a new case to sue at all

According to Criminal Code, Section 39, the right to bring a criminal case to sue for suspension (4) The judgment is complete, the offense has been indicted.

in general

"In the event that there is an order for the investigating officer to take further examinations, there is no end to the doubt." Most of the prosecutors have already clearly ordered the non-prosecution.

"Gradually come out to explain to society the cause", but not ordering that lawsuit

"It's not that the accused is not at fault," but the evidence that has not yet been obtained is insufficient to prosecute the allegations required at that time.

Later, new evidence was found within the age of competence and can still be brought to sue as before.

must understand that

The "judicial standard of the court" must listen to evidence without a doubt that

"The accused actually committed the crime", according to the theory.

"There must be clear evidence" in order to be able to consider the sentence

Therefore, prosecutors need to stand on the basis of ensuring that

“An order of prosecution can prove the commission of an offense” for the court to terminate.

doubts in the judgment

The more famous cases appear in the media, many "prosecutors" are not.

will always read only according to the case law only

but the truth is

"There is information tracking as well," because sometimes doubts may be seen and the investigating officers take additional examinations.

so that the idiom will be firmly

clearer than ever

According to the principle of "the prosecutor ordered no prosecution", the case file will be sent to the "Commissioner of Police" to consider the opinion under the non-prosecution order or not.

If you disagree, usually specify the reason and send the expression to

The "Attorney General" decides, however, that is the case.

The framework for the additional exam instruction is divided into 2 parts: the first part...

"Based on the age of the case" under Section 95 of the Criminal Code, Section 95, part two ... "Take a reasonable time", for example, taking 2-3 additional witnesses may be scheduled for 15 days.

If more evidence is needed, it may take 30-60 days. If it is close to the due date, the first 3 demand letters will be sent to the station director, the 4th time sent to the commander of the Provincial Police. The fifth time sent to the commander. The 6th police station is sent to the Commander-in-Chief of the Police, respectively.

case notice

“The accused is incarcerated in a prison” normally has the power to control for no more than 84 days, if more than that, cannot be prosecuted.

"must be released

or return bail in case of temporary bail.” If the prosecutor orders a charge, he will be arrested again

In fact, the "40 percent of the investigation officer's report to the prosecutor" often appears incomplete on minor issues, requiring further investigations to be more rigorous.

because of actual work

“Investigators” work alone.

since the notification

Examine the scene, interrogate and summarize the case and submit it to the prosecutor.

Moreover, other police officers were transferred to work in investigations.

"Lack of expertise" also makes evidence gathering sometimes incomplete.

There was a question, "Can the prosecutor conduct his own investigation...?" In principle, this cannot be done unless "the police have sent the case to the prosecutor," so they have the power to retrieve evidence.

or can check other facts

In this regard, "the prosecutor is trying to push for the power to investigate the case from the beginning", focusing on the case of imprisonment rates of 10 years or more in order to get to know the facts in the case in the first place, do not have to wait for the investigator to submit the case

Compare the idioms to make it more visual, such as “making chicken curry.” The investigator is like an assistant chef.

In charge of investigating, investigating, searching for ingredients

“Prosecutors are chefs” screened out the unrelated from the beginning.

"Cooking the flavor to be perfectly mellow" saw the lawsuit order to send the case to the court for tasting

next verdict

This is the principle of balance of power. The "prosecutor" is responsible for screening the case file of criminal investigations.

"Investigator" which protects the innocent

Bringing the offenders to the justice system equally

and the greatest benefit to the people...

Read more...