CIVIL LITIGATION AND THE VICTIM’S RIGHT TO CLAIM COMPENSATION IN CRIMINAL PROCEEDINGS UNDER SECTION 44/1 OF THE THAI CRIMINAL PROCEDURE CODE: A COMPARATIVE STUDY OF LEGAL REMEDIES, ADVANTAGES, AND LIMITATIONS

Abstract

This research aims to examine civil litigation for damages and the victim’s right to claim compensation in criminal proceedings under Section 44/1 of the Thai Criminal Procedure Code. The study focuses on the differences between legal mechanisms, as well as the advantages, limitations, and structural issues of the legal framework governing victim compensation. The research employs a doctrinal legal research methodology by analyzing relevant statutory provisions, including the Civil and Commercial Code, the Civil Procedure Code, and the Criminal Procedure Code. The study also adopts comparative and structural legal analysis to examine the relationship between Section 43 and Section 44/1 of the Criminal Procedure Code, together with the principles of lis pendens under Section 173 and res judicata under Section 148 of the Civil Procedure Code.

The findings indicate that although Section 44/1 was introduced to facilitate victims in claiming compensation within criminal proceedings and to reduce the burden of separate civil litigation, the interaction between Section 44/1, Section 43, and the procedural rules concerning lis pendens and res judicata may create certain limitations on the victim’s ability to pursue compensation. This reflects a structural issue within the legal framework governing victim compensation in the Thai justice system. The study therefore suggests that legal interpretation or reform should be considered in order to ensure that the mechanisms for victim compensation are consistent with the principles of victim protection and access to justice, thereby enhancing the effectiveness and fairness of remedies available to victims within the justice system.