Bailing the Accused or the Defendant by Using Electronic Monitoring (EM).

Abstract

This research consists purposes were 1. to study the background, concepts, theories and development of problems concerning the request for temporary release of the accused or defendant; by using electronic monitoring (EM) 2. to study the concepts and theory of requesting temporary release of the accused or defendant by using electronic monitoring (EM) 3. to analyze the request for temporary release of the accused or defendant by using electronic monitoring (EM). according to Thai and foreign laws and 4. to study and find ways to amend the law related to the request for temporary release of the accused or defendant by using electronic monitoring (EM) to know the appropriate solution and suggest guidelines for amending the Criminal Procedure Code, Section 108, Section 110 or Section 114, paragraph two, and in accordance with  the regulations of the President of the Supreme Court on rules, procedures and conditions relating to bail or collateral for temporary release of suspects or defendants in criminal cases, No. 2, 2019, item 3. This is a qualitative research It will study and research from various related documents such as books, textbooks, academic documents, research papers, legal documents. Both academic works related to both Thai and foreign languages Including information from the Internet about the request for temporary release of the accused or defendant. by using electronic devices and related electronic media, etc., will then use the information gathered from various relevant documents for content analysis. The results of the study found that 1) the court's discretion in the use of electronic devices does not have a statutory regulation to provide standards and guidelines for discretionary use of electronic devices temporarily. According to the Criminal Procedure Code 110 2) does not determine the appropriateness of the conditions for granting the temporary release of the accused or defendant by using electronic equipment (EM). 3) the robustness and signal detection system of Electronic Equipment (EM) Tools According to the Criminal Procedure Code and the regulations of the President of the Supreme Court on Criteria, Procedures and Conditions relating to bail or collateral for temporary release of suspects or defendants in criminal cases, No. 2, B.E. interpretation and enforcing laws more efficiently and appropriately to the current situation. Overseas will have better performance than Thailand. which gives the State confidence in electronic devices (EM) that will not   cause the accused or defendant to escape during release from detention and 4) It is expedient to amend the request for temporary release of the accused or defendant. by using electronic equipment (EM).