Provisional Release: A Study of Guidelines for Developing the Supervisors of Temporarily Released Person

Abstract

This research consists purposes were 1. to examine the concepts and theories related to the appointment of supervisors for temporarily released persons 2. to conduct a comparative study on the appointment of such supervisors in Thailand, the United States, Scotland, and the Federal Republic of Germany 3. to analyze legal issues concerning provisional release with electronic monitoring (EM) in conjunction with the appointment of supervisors and 4. to propose recommendations for improving the Thai legal framework on the appointment of supervisors for temporarily released persons. This is a qualitative research conducted through the review of various related documents such as textbooks, academic articles, journals, research papers, theses, Acts as well as credible online sources. The information collected from these sources is then analyzed using content analysis. The findings reveal that 1) Thai law on the appointment of supervisors for temporarily released persons currently excludes attorneys who possess in-depth legal expertise and overlooks Village Health Volunteers (VHVs), who have well-defined duties under the Ministry of Public Health’s regulations and maintain close community ties 2) legal frameworks in Thailand, the United States, Scotland and Germany prescribe the qualifications and responsibilities of supervisors with the United States additionally imposing penalties 3) in Thailand, provisional release is commonly granted with bail or security, while the use of supervisors alongside electronic monitoring is rare resulting in fewer provisional releases and limited access to justice for accused persons and 4) amendments to the Act on Measures for Supervising and Tracking Escaped Persons Released on Bail, B.E. 2560 (2017) and related regulations, particularly the Judicial Administrative Committee’s Regulation on Qualifications of Supervisors, B.E. 2561 (2018) are recommended to enhance the provisional release system in Thailand.