Problem of Protection of Rights and Liberties in the Cases for Issuing an Arrest Warrant under the Criminal Procedure Code

Abstract

This article aims to study the conditions for issuing arrest warrants, examining the principles, conditions, and enforcement of arrest measures in Thailand and Germany. Since arrest restricts the rights and freedoms of individuals, the conditions for enforcement have to comply with the law and be carried out to ensure the criminal proceedings proceed without issues. This is essential to make a balance between crime prevention and suppression and the protection of the rights and freedoms of the people arising from the use of arrest measures.

From the study, it was found that the conditions for issuing arrest warrants under Section 66 (1) of the Criminal Procedure Code in Thailand do not align with the primary objectives of arrests. The provision provide that an imprisonment term of over 3 years can be used as a condition for issuing arrest warrants has been enforced for over 89 years. Additionally, it is inconsistent with the criminal law that provides an imprisonment term of over 3 years for more than 170 offenses. It may be an opportunity for the official to take more arrest measures than necessary. However, the foreign laws have established appropriate conditions for enforcement. The conditions for issuing arrest warrants under Section 66 (1) should be based on more specific conditions, such as a risk of flight, tampering with evidence, or engaging in other dangerous activities.

Regarding the conditions for issuing arrest warrants under Section 66 (2), when there is a reasonable belief that the accused may commit other dangerous acts by repeating offenses, issuing arresting warrants can be used as a preventive measure aimed at anticipating potential future social harm before the guilt has been proven. Such approach may unduly impact the rights and freedoms of individuals. Therefore, it is essential to establish conditions that are proportionate and reasonable, applicable only to certain cases with a high rate of repeat offenses. 

   Therefore, it is deemed appropriate to establish conditions for the issuance of arrest warrants under Section 66, which are in line with the primary objectives of arrests. These conditions should be adjusted based on the principles and criteria of Germany by taking into account the principles of protecting rights and freedoms, as enshrined in the constitutional law.