LEGAL MEASURES FOR ESTABLISHING THE LAW ON SPECIAL CASE INVESTIGATION IN CASES WHERE GOVERNMENT OFFICIALS WHO ARE NOT PERSONS HOLDING POLITICAL POSITIONS COMMIT CRIMES THAT ARE SPECIAL CASES

Abstract

The objective of this research is to study legal measures regarding the provision of laws regarding special investigations in cases where government officials who are not political persons commit crimes that are special cases. Considering 1) the problem of duties and powers of investigation, 2) the problem of ambiguity in the use of investigative powers, 3) the use of the discretion of the Special Cases Committee in designating a special case. This research is qualitative research. By studying concepts, theories and legal documents. Both foreign goods and the Kingdom of Thailand. It was found that 1) the investigation into the wrongdoing of political office holders Evidence has been gathered. Then, in conclusion, the investigation files are sent to the NACC. They do not have the authority to send the investigation files directly to the prosecutor. 2) Unclearness of the Department of Special Investigation and other agencies It does not specify that special case investigators have the authority to independently investigate cases. 3) The discretion of the Special Cases Committee. There are no definite criteria. This makes it unclear which cases should be special cases.Therefore, it is proposed to amend the following amendments: 1) Section 23/1 “Any criminal offense that is a special case under Section 21, paragraph one (1), has the power to investigate the case. In the case where the Director-General deems it appropriate to propose to the OCS to pass a resolution to designate any criminal case as a special case (2), special case investigators may seek evidence to present to the Special Cases Committee. 2) Section 21 (2) Criminal cases that are under the investigation power of the Department of Special Investigation (1) Complex criminal cases (2) Criminal cases that have or may have a serious impact on the peace (3) Cases Criminal cases that are transnational offenses or (4) criminal cases in which influential people are the principals.