PROBLEMS OF SPECIFIC TYPES OF CRIMINAL INQUIRY UNDER THE AUTHORITY OF GOVERNING OFFICIALS

Abstract

Introduction: Problems of specific types of criminal inquiry under the authority of Governing officials, governing officials still lack knowledge and expertise. Therefore, in order that specific types of criminal inquiry under the authority of governing officials. There are procedures and methods of operation in practice. Therefore, research is carried out in this matter. Objectives: 1) to examine the meanings, principles, concepts, and theories related to the inquiry authority of governing officers, 2) to compare the laws regarding the inquiry authority of governing inquiry officers and police case officers, and 3) to investigate the procedures and formats involved in conducting inquiry into specific types of criminal cases under the authority of governing inquiry officers. Methods: The study employed a qualitative methodology involving the analysis of information from books, textbooks, academic articles, research papers, and Thai and international laws. These sources were analyzed and compared to identify problems associated with specific types of criminal inquiry under the authority of governing officers. Results: 1) the criminal inquiry by governing officers involves gathering evidence related to offences, following the Criminal Procedure Code, Section 18 which grants authority to governing officers or senior police officers to investigate criminal cases in provinces other than Bangkok. 2) The authority in criminal inquiry of governing inquiry officers is outlined in Ministerial Regulations Specifying the Inquiry of Specific Types of Criminal Offences in Provinces Other than Bangkok by Governing Inquiry Officers B.E. 2554, along with its subsequent Additional Amendments (No. 2) B.E. 2555. In this respect, the governing inquiry officers are empowered to inquire into criminal offences Under 16 laws, with the Governor appointing the Deputy District Chief as the governing inquiry officer. However, the law does not specify the qualifications necessary for the Deputy District Chief to receive such an appointment from the Governor. Regarding the police case officers, those who rank Police Sub - Lieutenant or higher   are empowered to inquire into general criminal offences as per the Criminal Procedure Code. The specific qualifications or requirements are also outlined for individuals serving as police case officers. Lastly, 3) some types of criminal inquiry falling under the authority of governing inquiry officers lack specific methods, procedures, and formats for inquiring criminal cases. Unlike the Royal Thai Police which clearly outlines methods, procedures, and formats for inquiry. Consequently, this study recommends the Department of Provincial Administration under the Ministry of Interior to delineate the qualifications of governing inquiry officers considered for appointment by the governors. In this regard, the governing inquiry officer should possess a bachelor’s degree in law and/or have completed the training course in governing inquiry officer provided by the Department of Provincial Administration. Furthermore, there is a call to amend the Ministerial Regulations Specifying the Inquiry of Specific Types of Criminal Offences in Provinces other than Bangkok by Governing Inquiry Officers B.E. 2554 and the Amendment (Version 2) BE 2555 (2012) in particular. This amendment aims to specify the methods, procedures, and formats for inquiring criminal cases by inquiry officers within the aforementioned ministerial regulations. Conclusion: Formats and procedures of inquiry authority of governing inquiry officers. There is no legal provision specifying the formats, methods in specific types of criminal offences in provinces other than Bangkok by governing Inquiry officers of specifically.