The Problem of Determining the Statute of Limitations under Criminal Law

Abstract

This research consists purposes were 1. to the concepts, theories, and history of the statute of limitations in criminal cases 2. to compare legal issues regarding the statute of limitations in criminal cases between Thailand and other countries 3. to analyze legal problems concerning the statute of limitations in criminal cases in Thailand and 4. to propose recommendations for improving the efficiency of the statute of limitations in criminal cases. This research is a qualitative study emphasizing documentary research. It involves studying information from various sources such as statutory laws in the form of legal codes, textbooks, journals, research papers, theses, dissertations, articles, and information media. These sources will be analyzed to understand the statute of limitations in criminal cases. Additionally, online databases from Thailand and other countries will be utilized to propose recommendations for the amendment of the statute of limitations in criminal cases, aiming to make it more appropriate and effective. The study found that 1) according to the concepts, theories, and criteria for establishing statutes of limitations in criminal cases, a primary rationale is based on the concept of the "law of forgetting." 2) When comparing Thailand's laws on the statute of limitations in criminal cases with those of other countries, Thailand's laws are found to be neither comprehensive nor appropriate 3) The current statute of limitations in Thailand lacks the implementation of other principles, such as the principle of not counting the statute of limitations for certain types of criminal cases, the principle of extending the statute of limitations, and the principle of temporarily stopping the statute of limitations, which are necessary to enhance justice. As a result, the number of cases expiring due to the statute of limitations has increased and 4) Therefore, it is deemed appropriate to amend and improve the provisions regarding the statute of limitations to make them more comprehensive and suitable for the maximum benefit of the justice system.