The Protection of Witnesses in Criminal Proceeding During Trial

Abstract

This research consists purposes were 1. to examine concepts, theories and principles related to witness protection, including appropriate measures for the protection of witnesses during court proceedings 2. to conduct a comparative study of the roles and duties relating to witness protection of court police officers in Thailand, the United States of America, England and the Commonwealth of Australia 3. to analyze problems related to witness protection, including other appropriate measures for protecting witnesses during court proceedings and 4. to propose appropriate recommendations and guidelines to enhance the effectiveness of witness protection. This research is qualitative research approach based on a documentary review of Thai-language books and documents, as well as information obtained from easily accessible and reliable websites. The research also examines legal textbooks, Supreme Court judgments, academic articles, journals, research studies, theses, study reports, codes, statutes, regulation and foreign legal doctrines and principles. The collected data are analyzed to derive findings and conclusions and to propose appropriate legal reforms. The research findings indicate were 1) concepts, principles and legal provisions on witness protection among various agencies lack consistency and unity, adversely affecting the exercise of authority, operational practices, and inter-agency coordination 2) witness protection during court proceedings should fall within the authority of court police officers; however, Thailand lacks clear legal provisions defining such authority, resulting in a fragmented and less credible system, in contrast to the United States, which has a designated primary agency operating under a systematic framework that ensures greater effectiveness and reliability 3) witness protection during court proceedings in Thailand remains limited in terms of authority, operational guidelines and post-trial protection measures, necessitating legal development, the establishment of clear guidelines and additional protective measures to create an effective, unified and trustworthy system and 4) it is recommended that a standardized Standard Operating Procedure (SOP) for witness protection be established for use by all relevant agencies, and that relevant laws be amended, including granting explicit witness protection authority to court police officers under the Court Police Act B.E. 2562 (2019), revising the roles stipulated in the Regulations of the Judicial Administration B.E. 2548 (2005) and incorporating provisions on witness relocation and the acceptance of witnesses from other states or countries under the Witness Protection Act B.E. 2546 (2003), in order to ensure a comprehensive and unified witness protection system.