LEGAL ISSUES FOR THE TEMPORARY RELEASE OF THE ACCUSED OR DEFENDANT IN CRIMINAL CASES BASED ON POOR STATUS

Abstract

This purposes of this research were to; 1) Study legal problems in temporary release of accused or defendants in criminal cases with poor backgrounds. 2) Study legal measures in Thailand and abroad, and 3) to make recommendations for this research. It is a qualitative research method. From studying legal documents and textbooks. The results of the research were as follows: 1) The Criminal Procedure Code, Section 106, Section 110 and Section 108, paragraph three, in such temporary release, officials or courts often use their discretion to grant temporary release with guarantee and security. Therefore affecting the accused or the defendant who is poor Unable to find collateral to bail for temporary release. 2) Japan is different from other countries, that is, during interrogation, the accused will not have the right to request a temporary release. There can be only when the accused is a defendant in the trial and adjudication, before allowing the defendant to bail The court will hear opinions from both defendant's attorneys, and prosecutor and may ask a person to certify that the accused will not escape and will come to court as scheduled, in the United States The court will use its discretion whether a temporary release should be granted. with conditions or not considering nature of charges Evidence against the accused and the defendant History of the accused and the defendant, including the nature of the person. And 3) auggestions this time Section 108 paragraph four of the Criminal Procedure Code shall apply mutatis mutandis, without insurance or with insurance or with insurance and security in case of temporary release using electronic devices or other devices in consideration of the request for temporary release therefore can be used in accordance with current legislation and future.