รายการ กฎหมายน่ารู้ : อัยการ

Interesting Law Program airs every Saturday and Sunday from 3:00 PM to 3:30 PM. Hosted by Supharat Nakbunnam and Police Lieutenant Colonel Chumitr Chunhawanitphithak (Prosecutor, Samut Prakan Province) Related Laws #Constitution of the Kingdom of Thailand B.E. 2560 (2017) #Section 248 The Public Prosecutor's Office has the duties and powers as stipulated in the Constitution and law. Public prosecutors are independent in considering cases and performing their duties in a expeditious, impartial, and impartial manner, and these shall not be considered administrative orders. Personnel management, budgeting, and other operations of the Public Prosecutor's Office shall be independent. A specific salary and compensation system shall be established as appropriate. Personnel management regarding public prosecutors shall be conducted by the Public Prosecutor's Committee, which shall consist of at least a chairperson who is not a public prosecutor and qualified persons selected by the public prosecutors. At least two qualified persons shall not be or have not previously been public prosecutors, as provided by law. Law under paragraph three Measures must be in place to prevent public prosecutors from acting or holding positions that could result in the ordering of cases or the performance of duties not complying with paragraph two, or potentially leading to a conflict of interest. Such measures must be clearly defined and generally applicable. Delegation of authority is not permitted for consideration on a case-by-case basis. #Criminal Procedure Code #Section 87 prohibits the detention of an arrested person for longer than necessary under the circumstances of the case. In the case of a minor offense, an arrested person may be detained only for the time required to give testimony and to know his identity and whereabouts. In the event that an arrested person is not granted bail and there is a necessity to conduct an investigation or prosecution, the arrested person must be brought before the court within forty-eight hours from the time the arrested person is brought to the investigator's office, as stipulated in Section 83, unless there is force majeure or other unavoidable necessity. In this case, the investigator or public prosecutor must file a request for a detention warrant for the accused. The court must ask the accused if they have any objections. The court may summon the investigator or public prosecutor to explain the reasons for the detention or may summon evidence for consideration. In the case of a criminal offense punishable by a maximum imprisonment of not more than six months, a fine not exceeding five hundred baht, or both, the court has the power to order detention only once for a period not exceeding seven days. In the case of a criminal offense punishable by a maximum imprisonment of more than six months but less than ten years, or a fine exceeding five hundred baht, or both, the court has the power to order multiple consecutive detentions, but each detention shall not exceed twelve days, and the total shall not exceed forty-eight days. In the case of a criminal offense punishable by a maximum imprisonment of ten years or more, regardless of whether or not a fine is included, the court has the power to order multiple consecutive detentions, but each detention shall not exceed twelve days, and the total shall not exceed eighty-four days. In the case under paragraph six, if the court has ordered detention for the full forty-eight days, and the public prosecutor or investigator submits a request to the court for further detention, citing necessary grounds, the court will order further detention only after the public prosecutor or investigator has demonstrated the necessity and presented evidence to the court's satisfaction. In the investigation under paragraphs three and seven, the accused has the right to appoint a lawyer to present objections and question witnesses. If the accused does not have a lawyer because Section 134/1 has not been complied with and the accused requests it, The court shall appoint a lawyer, and such lawyer shall be entitled to receive a reward and expenses as specified in Section 134/1, paragraph three, mutatis mutandis. If the investigating officer must conduct an investigation in a location outside the jurisdiction of the court that ordered the detention of the accused, the investigating officer may file a request to transfer the detention to the court in the jurisdiction where the investigation is to be conducted. The court that ordered the detention deems appropriate, shall order the transfer. #Section 143 Upon receiving the opinion and documents from the investigating officer as stated in the preceding section, the public prosecutor shall proceed as follows: (1) If the opinion is to order a non-prosecution, issue a non-prosecution order. If the opinion is not concurred, order prosecution and notify the investigating officer to send the accused for prosecution. (2) If t...