DEVELOPMENT OF LAW FOR MEDIATION OF CRIMINAL DISPUTE AT THE INVESTIGATION LEVEL

Abstract

This research has three clauses of objectives, those are: (1) To study the problems and obstacles in mediation of criminal dispute at the investigation level;
(2) to study, analyze and compare Thai laws with laws in foreign countries for mediation of criminal dispute;(3) To be guidelines for improvement and revision of the Dispute Mediation Act, B.E. 2562, to be effective for achieving the objectives to reduce the number of cases that go to court of law.                                       

The finding from this research, it is found that criminal dispute mediation at the investigation level, still has problems and limitation related to offence which can be mediated in criminal dispute at the investigation level, including petty offence and offence having high rate of punishment of not more than three years according to the annex of the Dispute Mediation Act, B.E. 2562 and criminal dispute mediation process is  still inappropriate in several clauses, for example, qualifications of the mediators and mediation does not specify the form of tribunal, as well as there is no mechanism to inspect the discretion of investigating officer who has authority to issue orders in case there is no permission for both parties to mediate criminal dispute.

The recommendation of this research, the researcher recommends for amendment of the Dispute Mediation Act, B.E. 2562, Section 10, Section 17, Section 41, Section 44, Section 49, Section 73 and Section 74.