Reforming the Investigation of Human Trafficking Cases in accordance with Thailand’s Procedures for Human Trafficking Cases Act, B.E. 2559

Abstract

         The purposes of this study are as follows: 1) to study about the proceedings of the criminal cases, the roles of the Thai investigators and prosecutors investigating the human trafficking cases as well as the problems and obstacles of the investigations; 2) to analyze the problems about the criminal provisions causing the inefficient investigations; and 3) to provide guidelines for amending and enacting laws in order to improve the efficiency of the investigation. This study is a documentary study considering and collecting data from legal texts, academic articles, thesis, codes, acts, and electronic data.

         It was found that the investigation was under the criteria and criminal procedures similarly to the investigation of other criminal cases. The investigators were the organizations under the administrative sector with the authority to solely and independently conduct the investigation. Moreover, the human trafficking cases were in the forms of movements. The cases were usually related to influencers, politicians and public officers. These might be the causes of the interferences found in the investigations. Consequently, the inquiries did not have good qualities for court trials. These were not consistent with the legislations and objectives of the act that aimed at ensuring that the investigation and judgements were quickened and fair by examining trials and requiring courts to use the inquiries of the prosecutors as the guidelines for the investigation.

         Therefore, amending and enacting the laws for the criminal procedures and the Special Case Investigation Act B.E. 2547 by having the prosecutors being the organizations with the legal experiences and guarantee of independence to participating in the investigation with the investigators from the beginnings until the ends of the cases as well as amending the Royal Thai Police Act B.E. 2547 regarding the human resource structures and management in some cases affecting the duties of the investigators could result in checks and balances as well as efficient investigation with good qualities and reliability that the courts could be used as the guidelines for the accurate, quick and fair proceedings and judgments according to the legislations and objective of the Procedures for Human Trafficking Cases Act B.E. 2559.