The Research project of the development of corruption and malfeasance, and human trafficking cases to be in accordance with the inquisitorial system as prescribed by the Procedures for Corruption and Malfeasance Cases Act, B.E. 2559 (2016) and the Procedures for Human Traffi cking Cases Act, B.E. 2559 (2016) has two aims : firstly, to study and analyze whether or not the practices of the police inquiry officers, the NACC inquiry officers, and the inquiry officers dealing with human trafficking cases are in line with the Procedures for Corruption and Malfeasance Cases Act, B.E. 2559 (2016) and the Procedures for Human Traffi cking Cases Act, B.E. 2559 (2016). Secondly, to develop a proposal or a model of the inquiry system in corruption and malfeasance cases in accordance with the Procedures for Corruption and Malfeasance Cases Act, B.E. 2559 (2016) and the Procedures for Human Traffi cking Cases Act, B.E. 2559 (2016), as well as, to promote citizens’ and victims’ rights in the inquisitorial system.
Methodology
This research is conducted by adopting the documentary research,
in-depth interviews, focus groups, brainstorming approaches. Laws in four countries–France, Germany, the United Kingdom, and Japan–were examined. This research interviewed 31 experts on corruption and malfeasance cases and human traffi cking cases, as well as, two focus groups–54 people involved–were held. Plus, there was a brainstorming conference which 150 persons participated. This research was done during 15 January 2017 to 14 September 2017.
Outcomes and suggestions
1. The inquiries conducted into a human trafficking case and a general criminal case have little differences meanwhile an inquiry into corruption and malfeasance cases varies from general criminal inquiries as the law establishes
two special institutions–the NACC and the Office of Public Sector Anti-Corruption Commission (PACC)–to investigate and make an inquiry into these cases pecifically and the inquiry by those institutions could harmonize and support evidence to the inquisitorial criminal procedure.
2. As for outcome of fi eld research is concerned, it should be decentralized an inquiry power and providing capacity building to the officials of NACC and PACC meanwhile in the case of Human trafficking it should be promote capacity building and modify the enquiry offi cials to have special
power as Department of Special Inquiry offi cials.
3. As the study on foreign laws, we have found that in Germany,
France and Japan they conduct inquiries into these cases by using the same agency and procedure as general criminal offences. They do not establish a special agency to do the cases. In a similar vein, there is no special unit in the UK for human traffi cking cases, except for that in a case of human trafficking, the police will work more closely with the public prosecutor. In a case of corruption and malfeasance, the Serious Fraud Office will be
responsible and work closely with the public prosecutor.
4. Research suggestions are as follow : 4.1 Decentralization and delegation of inquiry powers of the NACC and the PACC should be adopted as an independent agency responsible for making an inquiry is more reasonable therefore the amendment of relating law are required. In addition, the inquiry official should be actively. Moreover, encouraging cooperation between the public prosecutor and the corruption
cases inquiry officers should be proposed.
4.2 the inquiry officials in human traffi cking should be collect
for victim compensation in the enquiry fi le too, there should be propose the inquiry officials to understand human trafficking law and to promote effective cooperation among state officials relate to screen on victim, to examine of age of victim and the protection of the witnesses in human trafficking cases.