The Role of Judge in fact finding before Preliminary Examination in case of Criminal Prosecution Abuse of Process

Abstract

The Judge’s role of the fact-finding according to the Code of Laws with the Thai criminal procedure starts with the consideration of the accusation. If the accusation is right and in the court’s practice, the prosecutor uses the stamped accusation without investigating it. But if the accusation belongs to people, before stamping the accusation, the court must investigate it, accept the case presented to the court or the evidence brought out by the court, stating that the accusation is not right or distorted from the truth in order to defame or take advantage of the defendant or aiming other benefits. This includes the intention of the accuser to break the court’s order or judgment in the criminal case, which ended without the proper reasons. The court can dismiss the case and ban the accuser as such a person to retake action. This cancellation of the case is problematic in the court’s role with finding the fact, which is right, judicious and proper or not.