The Procedure of Right to be Bailed out of group of Protestors: Study Case People's Democratic Reform Committee (PDRC) and Free People or People's Party

Abstract

          This research aims to study the differences of the right’s procedure to be bailed out of the protestors in the past time and the current time. The objectives are to 1) to study the right to be bailed out of group of protestors that happened to Thai politics in the past 2) to study the right to be bailed out of Free People or People’s Party that are gathering now 3) to study and compare the difference of right to be bailed out of the protestors nowadays.The documentation that is related and relevant to the research such as theses, articles and websites is gathered  The information that is gathered from the documentary is summarized, analyzed, and compared to the academic theories and law to find the relevance or difference of the events that happened in the past time and current time.
          The result of research finds the right to be bailed out of protestors, PDRC’s group, that happened to Thai politics in the past; the court considered that the offender or plaintiff had no intention to flee and they had permanent residence. Therefore, the court gave the right of temporary release and added the condition that the bail and did not allow to travel outside Thailand except getting permission.On the other hand, the right to be bailed out of   Free People or People’s Party in the current time is considered in the same direction by the court that this kind of gathering has high rate of penalty.  The offender or plaintiff has violent behavior. Moreover, the court is afraid that the offender will flee and/or afraid that the offender will create more dangerous disturbance, or the offender will create the same disturbance. This is the consideration from the court; therefore, the protestors who have become the offender or plaintiff could not get the right to be bailed out It is found that the gathering of 2 events enforces the same law but there is lack of discretion of setting different punishment. For the bail in the past, the court allowed the person to be released temporarily because the court considered that the offender or plaintiff had no intention to flee. However, the bail of protestors now is different. The court does not provide the right to be bailed out because the case has high rate of penalty, and the offender has violent behavior. Moreover, the court is afraid of the offender will flee and/or afraid that the offender will create more dangerous disturbance, or the offender will create the same disturbance.