Protection of Rights and Freedoms of Defendants in Criminal Cases: A Case of Provisional Release.

Abstract

This research intended (1)to study concepts and principles of protection of rights freedom of defense in criminal cases according to the concept of good criminal procedure, (2) to study the right to a temporary release of a defendant in a criminal case, cases of provisional release, (3) to gather the states of the problems of rights protection freedom of defense in criminal cases, cases of provisional release, and (4) to recommend guidelines for amending the laws relating to the right to a temporary release of the defendant according to the constitution of The Kingdom of Thailand B.E. 2550 and constitution of The Kingdom of Thailand (temporary) B.E. 2557.

           The study revealed that concepts and principles of protection of the criminal rights of defendants in criminal cases, crime control and the conduct of criminal cases was justified. It was up to the society to live together peacefully and safe from crime for the defendant's right according to constitution of The Kingdom of Thailand B.E. 2550.  It guarantees the defendant's right to be sued in criminal cases. It must have been assumed that the defendant was not guilty and before the final judgment any person had committed an offense.  It treated the person as a perpetrator to protect the criminal rights of the defendant in criminal cases. It was found that as practical temporary release often, the securities or property of the defendant or insurer more than the rights and freedoms of the defendants contrary to the purpose of the constitution. The law should be fixed in a way to amend the criminal procedure code section 107 when the petition was released to the officer or the court quick order and all the accused or defendants must be allowed to release temporarily.