PROBLEMS OF CRIMINAL PROSECUTION IN THE JUSTICE PROCESS IN THAILAND

Abstract

This research article aims to 1) examine the problems and obstacles faced by the public in accessing the criminal justice process during the police investigation stage, 2) analyze the causes of injustice arising from the conduct of police investigators, lawyers, and criminal justice personnel, and 3) propose guidelines for improving the investigative process to ensure accuracy, timeliness, and fairness. A mixed-methods research methodology was employed, collecting data from 200 individuals who had direct experience with criminal investigations, 50 police investigators, and 10 legal scholars. The research instruments consisted of questionnaires and semi-structured interviews. Quantitative data analysis uses inferential statistics to analyze data to test hypotheses and find relationships between legal variables. Qualitative data analysis uses content analysis.

The research found that:

1. The majority of citizens experience difficulties accessing their rights during the investigation stage. This includes inadequate awareness of rights, lack of legal explanations, and delays in the process. This results in a lack of confidence in the fairness of the criminal justice system.


2. Investigators face high workloads and resource constraints, leading to carelessness, inconsistent use of discretion, and delays in investigations. They also face pressure from administrative systems and external factors that impact professional independence.


3. Legal assistance provided by lawyers is inadequate, particularly for low-income individuals. Furthermore, cooperation between investigators, lawyers, and prosecutors remains unified, resulting in the defendants' rights during the investigation stage not fully complying with the rule of law.