Legal Problems in Introduction of Forensic Evidence to the Inquiry Official’s Conduct of Legal Proceedings

Abstract

The objective of this Research is to study the background, concepts and theories relating to introduction of forensic evidence to the Inquiry Official's conduct of legal proceedings, and measures for collecting the forensic evidence under Thai law and foreign laws, in order to analyze legal problems with introduction of the forensic evidence to the Inquiry Official's conduct of legal proceedings, and find approaches to improving and developing the law and regulations relevant to the collection of the forensic evidence.

            The results of the study find that exercise of discretion in choosing to add the forensic evidence into the inquiry file is stipulated as exclusive power of the Inquiry Official in charge, but the Inquiry Official, who is not an expert in forensic science, may have inconsistency of his or her exercise of the discretion in collecting the forensic evidence, in turn, adversely affecting the administration of justice. Moreover, the Criminal Procedure Code, Section 131/1, Second Paragraph, provides that only an offense, whose maximum imprisonment term exceeds three years, requires an autopsy. As such, it can be found that the law concerning the introduction of the forensic evidence to the Inquiry Official's conduct of legal proceedings has problems with collection of the forensic evidence in many issues. Therefore, a study must be conducted in order to find approaches to further imprisonment and development.

Recommendation: From the Study, proposed is an approach to amend the Criminal Procedure Code, Section 131/1, Second Paragraph, as well as the regulations of the Royal Thai Police concerning the Inquiry Official's legal proceedings, in the part relating to the Inquiry Official's exercise of discretion in collecting the forensic evidence into the inquiry file, in order to attain proper and efficient measures for finding facts in the administration of criminal justice.