Unlawful Investigations Case Study of the Cause of the Investigation Ineffectiveness

Abstract

This research aims to study the cause and suggest solutions to the problems of the investigation ineffectiveness. The research found that there are four causes of the investigations ineffectiveness considered to be no investigations and resulted to the power of public prosecutor to be invalid, as follows: 1) The person who conducted the investigation was not the inquiry official. 2) The inquiry officials investigate criminal cases not occurred in the jurisdiction. 3) The inquiry officials did not inform charge to the accused. And 4) in case of compoundable offence, the inquiry officials conducted the investigation without the complaint of the injured person. If the court dismisses the case because of such reasons, even if the right to bring a criminal case is granted, the new lawsuit would not be restrained. However, it would cause the serious damage to the justice system included injured person, the accused, the defendant and the society considerably. It might be behindhand to files the complaint. The effect to the injured person is losing the right to request the defendant to return the property or to compensate. The effect to the accused or the defendant is they might be prosecuted or punished and be subject to several procedures twice for the same facts. Recommendations include considering amendments to laws, ordinances, and sentencing guidelines. Initially, the Royal Thai Police should revise the regulations or instructions related to the investigation of the case. This would reduce the number of cases arising from unlawful investigations and it will contribute to the public confidence to Royal Thai Police and the Justice system.