Prosecutorial Discretion in Decisions to Terminate Criminal Proceedings

Abstract

This research consists purposes were 1. to study the exercise of discretion by public prosecutors in ordering the termination of criminal proceedings 2. to study the concepts and theories related to the conduct of criminal proceedings by public prosecutors, especially in the case of the discretion of public prosecutors in ordering the termination of criminal proceedings 3. to study Thai and foreign laws concerning the exercise of discretion by public prosecutors in ordering the termination of criminal proceedings and 4. to analyze and suggest solutions to the problem of the exercise of discretion by public prosecutors in ordering the termination of criminal proceedings when the conditions for case suspension are met according to the regulations of the Office of the Attorney General concerning the conduct of criminal proceedings by public prosecutors, B.E. 2563, Section 48 (2), (3), (9). This is done by studying the principles, concepts and theories related to the case, including a comparison between Thai and foreign laws. This is a qualitative research study conducted through documentary research of related sources, including textbooks, theses, academic documents, articles from legal journals, printed magazines and information from internet networks related to legal measures on the offense of bodily harm against the elderly under the Penal Code. The data collected from these related documents were then analyzed through content analysis. The results of the study found that 1) the order to terminate criminal proceedings by public prosecutors is made based on the regulations of the Office of the Attorney General, without being stipulated in the Code of Criminal Procedure, which is different from the order to file a case or an order not to file a case which is clearly stipulated in the said law. 2) the problem of the exercise of discretion by public prosecutors in ordering the termination of criminal proceedings. which has the power to issue orders based solely on the Office of the Attorney General's regulations on criminal prosecution by public prosecutors, B.E. 2563, without any other law clearly establishing principles on this matter, which is not in accordance with the principle of legality. 3) German and Japan law, public prosecutors perform their duties according to the principle of conducting criminal proceedings, where if the public prosecutor knows and has reasonable grounds to believe that a crime has actually occurred, the public prosecutor must always file a lawsuit and 4) Ordering the termination of proceedings because the case meets the conditions for suspension of the case as specified in Regulation 48, paragraph two (2), (3) and (9), where the facts of the case do not automatically suspend the right to file a criminal lawsuit, but the public prosecutor still has to exercise additional discretion to determine whether the case meets the conditions for suspension of the case that legally suspend the right to file a criminal lawsuit, which may affect the justice of the public.