LEGAL PROBLEMS REGARDING WITNESS PROTECTION UNDER THE WITNESS PROTECTION IN CRIMINAL CASES ACT, B.E. 2546

Abstract

The objectives of this study were to 1) Examine the background concepts and legal theories related to witness protection under the Witness Protection in Criminal Cases Act B.E. 2546. 2) Study legal measures regarding witness protection in foreign countries and Thailand. 3)Analyze legal problems concerning witness protection and 4) propose guidelines for resolving legal problems related to witness protection under the aforementioned Act. This study was qualitative research. It examined legal documents from both foreign countries and Thailand and included data gathered from in depth interviews with 25 legal experts. Analyze and summarize the research findings.

          The study results revealed that 1) relevant concepts and legal theories included human rights principles and the principles of witness protection in criminal cases. 2) Regarding legal measures in foreign countries specifically the United States and the Commonwealth of Australia provisions were established to protect witnesses from being followed stalked and harassed. As for legal measures in Thailand only the Witness Protection in Criminal Cases Act B.E. 2546 was enforced under which witnesses were still afraid to testify. 3) The analysis revealed that Thailand lacked legal provisions concerning the protection of witnesses from being followed stalked and harassed and 4) it was recommended that the Witness Protection in Criminal Cases Act B.E. 2546 should be amended to include protection regarding witnesses being followed stalked and harassed and to penalize individuals who follow or harass witnesses henceforth.