Criminal Prosecution with Citizen as Plantiff.

Abstract

This research consists purposes were to 1. study and analyze the problems of the criminal justice process relating to private prosecution under Thai law and 2. study and suggest ways to amend the Criminal Procedure Code regarding the opportunity for civilians to prosecute without limitation. This independent study was qualitative research which was conducted by researching information from various sources such as journal articles, thesis, law tables, Supreme Court judgments, and websites related to legal education. The results of the study showed that 1) Criminal prosecution must first consider the theory of conditions of formality in the power of prosecution and then consider the theory of conditions for the content in the power of the prosecution. If any of the conditions to prosecute are lacking, the prosecution shall be terminated immediately. Moreover, the theory of the binding of judgment, when the judgment of any case is final, such case shall cease. Both parties must accept and respect the sanctity of the court judgments. Neither party may take further proceedings between the same parties and on the same grounds. Not even the judge can bring any grounds for reconsideration and 2) Guidelines for recommending amendments to the Criminal Procedure Code regarding the opportunity for private persons to prosecute without restrictions There should be amendments to the Criminal Procedure Code relating to the right to prosecute criminal cases by the people and to maintain public order.