RECOURSE FROM OFFICIALS UNDER THE VICTIMS COMPENSATION ACT AND EXPENSES TO DEFENDANTS IN CRIMINAL CASE ACT 2001

Abstract

This article aims to 1) study the background and problems of recourse by government agencies 2) study legal measures in Thailand and abroad in the case of recourse by government agencies 3) analyze problems and obstacles in the case of recourse by government agencies State Recourse 4) Propose guidelines for amending the law in case the Justice Fund has the right to recourse from government officials who commit crimes in the justice process. using a documentary research model collected from the thesis Research reports, articles, other documents, and internet searches both in Thailand and abroad that are relevant for study and analysis. by comparative study with the French Republic and Japan. The results showed that Thailand has stipulated the rules for paying compensation in the Victims Compensation Act. However, it does not prescribe that the Justice Fund, after having spent money on human rights violations, can take recourse from government officials who commit crimes in the justice process. France has stipulated the rules for paying compensation in the French Criminal Procedure Code. and establishing a fund to help victims of terrorism and criminal acts. Once the reimbursement fund can subrogate the right to sue the offender. And Japan stipulates compensation payment rules in the law on compensation in criminal cases. And require that a person, when damaged by a violation of a government official, can claim compensation from the state. When the state has already paid to the person accused of a criminal case can recourse from a judge or an official who violates Therefore, Thailand should have a law so that the Justice Fund, after spending money on human rights violations, has the right to recourse from government officials who commit crimes in the justice process.