Public prosecution and injured person’s charge of criminal case

Abstract

This article aims to study the opportunities open to an injured person for bringing a charge in a criminal case in Thailand, which seems to be in conflict with public prosecution, when compared to the role of injured persons prosecuting criminal cases in the Republic of France, the Federal Republic of Germany, Japan and the United Kingdom. 

From the study , the interpretation of the execution of the Criminal Code
of Law relating to a charge by an injured person that is adjusted to bring it into line with public prosecution, will make criminal prosecution, most of which is involved with
the public benefit, become a prosecution involving the state and the defendant,
where the truth is sought through the principle of investigation, not a prosecution between the injured and the defendant, where the truth is sought via the principle of fighting.This will also achieve an outcome which makes it seem as if the injured having a role at the beginning of the prosecution of a criminal case or the beginning ofan investigation into the correctness of the public prosecution in a case where the attorney orders that the case is not brought to court in the same way as in countries where criminal cases are prosecuted under the system of civil law. Before the article it would suggest that case which the injured person is a plaintiff in criminal case should always be notified to the public prosecutor in order to protect the public interest in accordance withthe public prosecution.