Issues in Enforcing the Victims of Domestic Violence Protection Act, B.E. 2550 among Officers in the Mediation and Dispute Conciliation Staff’s Group of the Juvenile and Family Court

Abstract

          The article aims to study the Importance of Mediation  Processes in Criminal Cases of Domestic Violence, Including Mediators and Dispute Conciliators, and Support Workers in the Juvenile and Family Court System According to the victims of domestic violence protection act, B.E. 2550. This study examines both domestic and international laws concerning the mediation of criminal cases involving domestic violence perpetrators and legal measures implemented post-enforcement of domestic violence laws in conjunction with court police officers. The aim is to ensure that the mediation process and the work of mediators and dispute conciliators in such criminal cases are effective and capable of genuinely resolving conflicts. Due to the issues in enforcing the victims of domestic violence protection act, B.E. 2550 and the challenges faced by mediators and dispute conciliators in Thailand, several problems persist. These include the underreporting of domestic violence criminal cases to the Juvenile and Family Court despite the rising incidence of domestic violence, reflecting a paradox. Furthermore, there are issues with not referring domestic violence criminal cases to the mediation and conciliation process, involving individuals without the necessary knowledge and skills in the mediation process, and the legal issues that arise from post-mediation measures. Additionally, there is a lack of provisions for court police officers to assist in supporting judges in the supervision, oversight, and assistance of these legal measures. This support is crucial to ensure that the agreements to resolve domestic violence achieved through mediation are peaceful and orderly. From the study, it was found that the victims of domestic violence protection act, B.E. 2550 should be revised to promote and support the mediation process for criminal cases, including section 5 and 6 which do not allow the public to access justice in criminal cases of domestic violence as it mandates that complaints be filed only through officials, section 15 which does not mandate that domestic violence criminal cases be referred to the Juvenile and Family Court's mediation process at the first hearing, resulting in parties not having sufficient opportunities for conciliation, the first paragraph of Section 16, which allows individuals without the necessary knowledge, such as parents, guardians, or relatives of the parties, to participate in mediation, thereby reducing its effectiveness and consistency and section 5 of the Court Police Officer Act B.E. 2562, which does not grant court police officers in the Juvenile and Family Court significant roles in supporting post-enforcement legal measures of the Domestic Violence Victim Protection Act, which are outcomes of mediation. The author believes that the laws studied still have issues in the mediation process for criminal cases and lack effectiveness in legal measures following the enforcement of such laws resulting from mediation. Therefore, it is necessary to find ways to amend and improve the laws and to seek appropriate legal measures.