LEGAL MEASURES CONCERNING PROTECTION OF THE ACCUSED’S RIGHT: A CASE STUDY OF PRESS CONFERENCE TO MASS MEDIA

Abstract

          The objectives of this research article were to 1) to study and analyze the concept of legal measures to protect the accused’s right in Thailand, comparing them with foreign countries in a public press release 2) to propose a way to improve the protection law. Right of the accused As well as methods and corrective measures that have been treated against the accused in the public press release. It is a documentary research format. The results revealed that the United States of America and Federal Republic of Germany both have law as a norm to control the operation of police officers and the press. The United States of America hold the principle of Bill of Right, human dignity and ABA standard fair trial and free press as a measure or federal suggestion for the police officer, in which each state can choose to operate. The Federal Republic of Germany has the measure and the legal punishment familiar to the USA. Although Thailand has the regulation of royal Thai police title 30 “the news publishing or interviewing or spreading pictures to the press and making public relation media B.E. 2556” to be as the standard, in practice, such standard is sometimes ignored because the regulation of royal Thai police title 30 is only a domestic measure of royal Thai police, and there appears to be no legal punishment to prohibit press conference in which right to privacy and human right are violated, either. According to the suggestions, there should be the addition of provisions specifying punishments in the substantive laws, for instance, Thai Penal Code Section 328, Thai Penal Code concerning the investigation Section 134 and the amendment of the Media Freedom Protection and Ethical Promotion Draft Bill Section 37.