Legal Measures to Protect the Rights of Victims in Criminal Cases under the Constitution of the Kingdom of Thailand Buddhist Era 2560

Abstract

The objectives of this research article are: 1) to study the definitions, theoretical concepts, court rulings, and legal measures related to the protection of victims’ rights in criminal cases under the 2017 Constitution of the Kingdom of Thailand and foreign legal systems, including relevant court decisions, legal measures, and previous research; 2) to examine the factual and legal issues in the protection of victims’ rights in criminal cases; 3) to analyze and compare the protection of victims’ rights in criminal cases between Thailand and foreign countries; and 4) to propose legal measures from foreign countries that can be adapted to improve the efficiency of Thailand’s laws in protecting victims’ rights. This research adopts a qualitative approach by studying legal documents, academic textbooks, research papers, and electronic sources from both Thailand and abroad. Focus group discussions and in-depth interviews were conducted with six groups: three judges, three prosecutors, three police officers, three lawyers, three justice officials, and 25 members of the public and students.

The findings are as follows: 1) The concept of human rights protection for victims in criminal cases has been influenced by natural law and developed in the Universal Declaration of Human Rights (1948), leading Thailand to adopt rights protection measures according to international standards. Furthermore, the International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified in 1996, was incorporated to ensure victims’ rights in the justice process. 2) Four key issues were identified: victims’ lack of access to case progress information, unclear laws on claiming compensation, failure to comply with constitutional fundamental rights, and legal exceptions regarding victims’ expenses in criminal cases. 3) A comparison of legal measures between Thailand and countries like Germany, the United States, and the United Kingdom revealed that these countries have clear systems for protecting victims’ rights, particularly in separating investigation and trial processes, allowing victims to participate, establishing compensation funds, and integrating cooperation among relevant agencies. 4) It is recommended that foreign approaches be adapted to enhance the effectiveness of victim rights protection in Thailand.