Protection of Witnesses A Study Witnesses Residing Outside the Kingdom of Thailand

Abstract

This research aims to investigate the challenges of protecting witnesses in criminal cases, particularly those residing abroad, and to study the concepts and theories of witness protection in Thailand and other countries. The study also examines the Witness Protection Act, B.E. 2003, the Witness Protection Act, B.E. 2022 (No. 2), and the  Ministerial Regulations specifying the criteria, methods, and conditions for submitting and considering requests for special measures to protect witnesses, B.E. 2005. The objective is to propose guidelines and methods for the protection of witnesses in criminal cases when such witnesses reside outside the Kingdom of Thailand. This qualitative research employs documentary research methods, analyzing books, documents, textbooks, academic articles, research reports, and related electronic resources, including relevant legislation such as the Witness Protection Act of 2003 and the Witness Protection Act of 2022 (No. 2). The findings reveal significant challenges in protecting witnesses residing outside Thailand, as current laws do not provide specific measures for such cases. The study underscores the importance of ensuring that individuals serving as witnesses receive adequate and appropriate protection and assistance from the state. An examination of the Witness Protection Act of 2003 highlights the role of the Witness Protection Office and the Department of Rights and Liberties Protection in safeguarding the rights of witnesses in Thailand. These measures include five specific rights for witnesses and protection for those close to them. However, these protections are limited to witnesses within the country. To address this gap, the study suggests that the government should establish appropriate measures or guidelines to enable witnesses living abroad to provide testimony securely. This could involve issuing regulations or measures to protect witnesses and their close associates. Adopting such policies could enhance the safety of witnesses and society, ensuring justice by facilitating the punishment of perpetrators. Additionally, the study recommends considering the German Criminal Procedure Code as a reference for drafting regulations, ensuring compatibility with Thai societal norms and cultural values.