LEGAL PROBLEMS ON THE COLLECTION OF SCIENTIFIC EVIDENCE FOR CRIMINAL PROCEEDINGS AT THE LEVEL OF INQUIRY OFFICER

Abstract

This research article aims to examine the legal issues surrounding the collection of scientific evidence in criminal cases, particularly at the investigation stage. It explores relevant concepts, theories, and criteria for collecting scientific evidence under both Thai and foreign laws, along with an analysis and recommendations for legal improvements to enhance appropriateness. This research is a qualitative research using the method of document analysis as the main method, which compares the principles of international law and the principles of law currently applicable, academic articles, theses, dissertations, various law journals, and related judgments to obtain conclusions and recommendations for the enforcement of laws in Thailand. The study found that scientific evidence plays a crucial role in determining the guilt or innocence of suspects in complex cases, adhering to the principles of human dignity and fair trial procedures. However, issues arise in the evidence collection process during the investigation stage, as there is a lack of clear procedures and classification of biological sample types. Additionally, current laws impose adverse presumptions against suspects only in cases carrying a prison sentence of more than three years, leading to inequalities in legal enforcement. A comparative analysis of foreign legal systems indicates that all countries prioritize human dignity within their justice systems, but differences exist in evidence-collection methods. Therefore, legal reforms should establish clear procedures for evidence collection, classify evidence into internal and external body samples based on international standards, and appropriately adjust the scope of criminal offenses requiring scientific evidence. Moreover, adverse legal presumptions against individuals should be abolished to ensure fairness in the judicial process.