LEGAL ISSUES CONCERNING CRIMINAL CASE MEDIATION DURING THE INQUIRY STAGE OF INVESTIGATION

Abstract

               This research examines the concepts, theories, and legal principles relating to the resolution of criminal disputes, particularly public criminal offenses. It analyzes the legal framework governing criminal mediation in Thailand and selected foreign jurisdictions and proposes legal reforms consistent with the principles of proportionality and fairness in the criminal justice system. The study employs a documentary research methodology, reviewing relevant legal literature, academic works, and statutory provisions.

               The findings reveal that, although the Mediation of Disputes Act B.E. 2562 (2019) permits certain criminal cases to undergo mediation during the inquiry stage, several legal issues remain. These include the restrictive closed-list approach to eligible offenses, the lack of clarity regarding the legal status of cases during compliance with mediation agreements, and inadequate qualification standards for mediator registration, particularly concerning individuals previously removed from the register due to dishonesty or misconduct.

               The study recommends legislative amendments to allow inquiry officials greater discretion in determining the suitability of cases for mediation, clarify the legal status of proceedings during the implementation of mediation agreements, and strengthen mediator qualification requirements. Such reforms would enhance the effectiveness of criminal mediation, improve regulatory oversight, and promote public confidence in the criminal justice system.