Jurisdiction to Issue Arrest Warrants and Revoke Arrest Warrants in Criminal Cases

Abstract

The objectives of this research article were (1) to study concepts, theories, and criteria related to the securing of a person in state power, issuance of arrest warrants and revocation of arrest warrants under Thai and foreign laws (2) to analyse the problem of arrest warrants and revocation of arrest warrants appearing in the current Thai judicial process, compared to issuing arrest warrants and revocation arrest warrant under foreign law and (3) to study the role and jurisdiction of the court in issuing arrest warrants and revoking arrest warrants in criminal cases; by using a qualitative research model and collecting data by document research and the data were analyzed using content analysis techniques and interpreted from the comparison.

The results showed that Thailand's process of issuing arrest warrants does not have a scrutiny and thorough examination of the issuance of warrants through investigators. prosecutor and judge to prevent mistakes in issuing an arrest warrant like Germany, France or the United States. Instead, it is a request for an arrest warrant issued by a police officer directly to the court. Therefore, there is always a problem with the revocation of the arrest warrant. In addition, the rules for objecting to the issuance of an arrest warrant The law only stipulates that an objection must be made to the court that issued an arrest warrant. As a result, it cannot be appealed to the Court of Appeal in accordance with the general principles of appeal in criminal cases. and prevent errors in issuing warrants. That’s why it is necessary to amend the law in this matter further.