LEGAL PROBLEMS RELATED TO THE INQUIRY OF SUPERIOR ADMINISTRATIVE; MINISTRY OF INTERIOR

Abstract

A criminal inquiry was the starting point of investigations to prove or verify whether the accused was guilty or innocent. Therefore, it was like the origin of the criminal justice process that was an important process to punish offenders by law. The Criminal Procedure Code, B.E. 2477 (1934), prescribed both the police and administrative authorities had the power to inquire criminal offenses. After the promulgation of this law, the Police Department was transferred to the Royal Thai Police, and was under the direct command of the Prime Minister, without reviewing the mandatory investigation laws in effect at the time. Accordingly, by changing administrative structure, the Criminal Procedure Code affected between these two organizations; the Ministerial Regulations and Regulations on Criminal Prosecution Work of the administrative section and the authority, became insufficient and inconsistent. Consequently, the study reflected the ongoing problems of criminal inquiries into administrative authorities and criminal investigations between the two organizations. The researcher has reviewed academy document, Thai and foreign sources, by comparing Thai laws to foreign laws, in order to comprehend obstacles of officers’ investigation, theories involved, as well as differences of law enforcement in each country. A comparative study was revealed that Japan, the French Republic, the United Kingdom, and the United States have had systematically established criminal inquiry powers at least two organizations in accordance with the principle of power balance and in an effort to safeguard civil liberties. This article's comparative study would show the result in an effectiveness guideline for developing the Thai criminal investigation laws to be appropriated and in accordance with the intent of the master law.