Legal Problems about Criminal Justice Which Does Not Meet the Principle of Presumption of Innocence

Abstract

Since the laws relating to criminal justice in Thailand have guaranteed the accused the right to be presumed innocent for a long time, the objectives of this research are to study current related laws and whether they comply with the principle of presumption of innocence and to reach the conclusion and suggestion leading to the amendment of such provisions. The methodology of this study is qualitative research and in-depth interviews with experts in the criminal justice area.
The research result found that the right to bring a criminal case to be extinguished by the death of the offender under section 39 (1) of the Criminal Procedure Code, the provision of the Criminal Procedure Code concerning detention during an inquiry, and the Royal Thai Police Regulation Regarding Police Regulations Not Relating to the Case, Title 32 on the Finger Printing B.E. 2554 are not contrary to the principle of presumption of innocence. On the other hand, the Sangha Act B.E. 2505 section 29 and section 30 are contrary to the principle of presumption of innocence except in the case of section 30 where a monk is to be imprisoned or confined by the final judgement and the officer proceeds the monk to renounce the monkhood; the latter case is not contrary to the principle of presumption of innocence.
However, section 39 (1) of the Criminal Procedure Code and its provision concerning detention during inquiry should be amended to avoid misunderstandings. Furthermore, to comply with the principle of the presumption of innocence, the Sangha Act B.E. 2505 section 29 and section 30 should also be amended.