Model Law on Military Criminal Procedure.

Abstract

This research consists purposes were to give suggestion on the legislation of Model Law to receive justice in the Military Court and bring the Model law to determine judicial procedure in the Military Court, present distinctive justice and protect the right of litigant in the court effectively and build credibility for the procedure of military justice. This study is qualitative research. Research instrument is in-dept interview, and target group includes 16 stakeholders. The target group is divided into 4 groups. Group 1 includes 4 people of military court. Group 2 includes 4 people of judge advocate. Group 3 includes 4 people of staff judge advocate and inquiry official. Group 4 includes 4 people of attorney, citizen and academic staff. The target group was selected by purposive sampling. The research’s data from relevant document, interview form and memo form were analyzed by content analysis. This research found that the Military Court does not contain specific content of law for military judicial procedure, thus Organization of Military Court Act B.E.2498 and the deference of the Criminal Code in some section were proceeded for military judicial procedure. This process and outdated law lead a problem to military judicial procedure. This study presented that the Model Law on the Military Criminal Procedure contains the following law structure, including general regulations, pre-judicial procedure of the Primary Military Court, process of judicial procedure of the Primary Military Court and post-judicial procedure. The law structure can present true justice and protect the right of litigant in the Military Court effectively and build creditability for the justice procedure of the Military Court.