A Study of Proper Treatment to Witnesses According to Witness Protection in Criminal Case Act B.E. 2546

Abstract

The objectives of this research were 1) to study the concept of witness protection under Witness Protection in Criminal Case Act B.E. 2546; 2) to study the legal practice and comparison of the legal practice, protection of witness in criminal cases under international agreements, international law and Thai law; and 3) to propose guidelines for establishing a central standard on the proper treatment to witnesses to agencies whose mission was to protect witnesses. It could be applied in the same direction. This was a qualitative research, a document research. The results of the research revealed that 1) the concept of witness protection under the Witness Protection in Criminal Cases Act B.E. 2546 was an important basis for determining proper  treatment  measures to witnesses; 2) United Nations Convention Against Transnational Organized Crime (2000) required states parties to take appropriate measures to effectively protect witnesses in criminal cases being consistent with the United States having well-defined witness protection laws belonging to criminal procedural law. The attorney-general should have the power to issue regulations relating to the treatment of witnesses, both the use of measures in relocation and providing officers for protection when it appeared that witnesses and their families may be harmed. Though, the Federal Republic of Germany had no specific law directly related to witness protection, but relying on the police law, officers must treat witnesses in particular as Thailand had no clear legal provisions and guidelines; 3) proposed the issuance of the Ministry of Justice Regulation on Proper Treatment of Witnesses in Criminal Cases B.E.