Trial in Absentia: A Study on Issues Concerning the Protection of the Defendant’s Rights under the Criminal Procedure Code

Abstract

This research consists purposes were 1. to study the concepts and theories related to criminal trials in absentia 2. to compare the legal provisions concerning criminal trials in absentia under the Thai Criminal Procedure Code, international legal principles, the laws of the United States, and the laws of the French Republic 3. to analyze the current issues surrounding criminal trials in absentia in Thailand and 4. to propose appropriate recommendations and measures to protect the rights of defendants in criminal cases conducted in absentia in Thailand. This is a qualitative research study using documentary research methods. Data were collected and compiled from legal textbooks, academic articles, journals, research papers, theses, study reports, and Acts of Parliament. The collected documents were then analyzed using content analysis. The study found that 1) The concepts and theories surrounding criminal trials in absentia aim to protect the defendant’s right to a fair trial, similar to that of regular criminal proceedings 2) International legal principles, as well as the laws of the United States and the French Republic, permit criminal trials in absentia under specific legal frameworks designed to safeguard the rights of the accused. These include, for example, the right to legal counsel, the right to request a retrial, and established procedures for the collection of evidence 3) The Thai Criminal Procedure Code lacks sufficient provisions to ensure the defendant’s right to a fair trial in absentia. Specifically, Sections 172 bis (5) and 172 bis/2 allow for trials in absentia even when the defendant is not represented by a lawyer. Furthermore, there is no provision empowering the court to appoint legal counsel for the defendant, no right for the defendant to request a retrial, and inadequate procedures for the collection of evidence, all of which may impair the court’s discretion in evaluating the evidence and 4) The Criminal Procedure Code should be amended to adopt the inquisitorial system for such trials, grant courts the authority to appoint legal counsel for defendants who are unrepresented or whose counsel fails to appear, allow defendants to request a retrial under certain conditions, and provide clearer guidelines for judicial discretion in evidence admission and evaluation.