The Problem of Using Electronic Monitoring with the Bail-in Criminal Case: Case Study of Taling Chan Crimanal Court.

Abstract

The purposes of this study were 1. To study the law relating to temporary release using electronic equipment both Thai and foreign laws; and 2. To study and analyze the problems that arise in the Taling Chan Criminal Court. In the case of applying for temporary release using electronic devices This is a qualitative research. The research tool is in-depth interviews. The target group was 10 judges and officers working in the Taling Chan Criminal Court, who came from a specific selection. Then use the data collected from research tools and related literature documents for content analysis. The findings showed that 1) New Zealand and England require courts to order those accused of criminal offenses to use electronic devices (EMs) to verify travel or restrict travel. by stipulating that If there is another method or condition that is sufficiently strict and the court considers it appropriate, that other condition or method shall apply first. The court will use electronic equipment (EM) only when the court considers that If the device is not used The court shall not grant a temporary release for the Thai law stipulated in the Criminal Procedure Code, Section 108, paragraph three and 2) the problem of faulty electronic equipment. and monitoring of temporary emissions using electronic devices. There are three major problems: 2.1) the legal issue of collateral claim with electronic device (EM) temporary release; 2.2) Electronic device (EM) defect and electronic device temporary release control monitoring. (EM) and 2.3) the problem of unclear stipulations for provisional releases that Any circumstance that is considered the accused or defendant There is reason to believe to flee in the event that the accused or defendant is temporarily released using an electronic device (EM).