Legal Problems of the Protection of Witnesses in Criminal Cases under the Witness Protection Act B.E. 2546

Abstract

This research consists purposes were 1. to study the concepts, theories, and legal principles related to the protection of witnesses in criminal cases 2. to conduct a comparative study of legal provisions concerning witness protection measures in criminal cases between Thailand and foreign jurisdictions, namely the United Nations Convention against Transnational Organized Crime (2000), the United States of America, the Commonwealth of Australia and the Federal Republic of Germany 3. to analyze the legal issues relating to the protection of witnesses in criminal cases in Thailand compared with those in foreign jurisdictions and 4. to propose recommendations and legal reform measures concerning the protection of witnesses in criminal cases under the Witness Protection Act B.E. 2546 (2003). This study is a qualitative research conducted through documentary research using books, legal texts, and other relevant documents. The information gathered from these related documents was then analyzed using content analysis. The findings reveal that 1) The theoretical and conceptual foundations of witness protection in criminal proceedings are essential for the development of interstate relocation measures as part of witness protection mechanisms 2) The witness protection systems of the United States, Australia and Germany include legal provisions for interstate relocation of witnesses and associated persons. These jurisdictions define the term “witness” more broadly than Thailand and incorporate long-term monitoring and evaluation of witness protection programs. In contrast, Thailand lacks interstate relocation measures, defines “witness” in a narrower sense and does not conduct systematic short-term or long-term evaluations of witness protection 3) The current Thai witness protection framework lacks legal provisions for interstate relocation of witnesses, a clear statutory definition of the term “witness” and a mechanism for continuous monitoring and evaluation of protection outcomes. These deficiencies result in interpretative limitations and insufficient protection and 4) It is therefore recommended that the Witness Protection Act B.E. 2546 (2003) be amended to include interstate relocation measures and to provide a clearer and more comprehensive definition of the term “witness” Moreover, the Act should include provisions for ongoing monitoring and evaluation of witness protection programs to ensure long-term effectiveness and compliance with international standards.