The objective of this dissertation is to study the case assistance receiving of alleged offender in the criminal case and understand the concept and necessity of giving the case assistance to alleged defender from the lawyer including the background of the enactment that is determined to protect the right of accused in order to make them receiving the fairness during the legal proceedings. The study was done by comparing what is the difference of case assistance receiving, from the lawyer, of the alleged offender in Thailand to the alleged offender in the United State and England. The right of alleged offender according to legislation is sufficient or not. What direction of the efficient lawyer procurement for alleged offender should be gone? Including the study of measure or mechanism of examination in order to be in line with the right as the law affirmed.
Criminal Procedure Code stipulates pivotal represent and protects the rights of the accused or defendant in a criminal case. However, nowadays lawyers for assistance is not as successful as it should be due to several problems, such as lack of experienced attorneys, lawyer retain investigating case for exam to be assistant judges or prosecutors, assistant attorney get compensation rates lower compared to private sector. Therefore it should have develop procurement guidelines of lawyers for the accused and defendants in criminal cases in Thailand as well as set lawyer and compensation payment standards in order to compare to the private sector.
The result of comparison for the case assistance, from the lawyer, between the alleged offender in Thailand and the alleged offender in foreign country showed that most Thai law provision for protecting the alleged offender equal to the international standard but there are some problems of enforcement according to the law and assistance efficiency. So this is the duty of government officer to look after in order to make such law provision be performed seriously and efficiently.
Should improve the new generation lawyers by allowing senior lawyer to look after their performance which gives a chance to the new generation lawyers in order to get training and be passed on knowledge from senior lawyer for their benefit such as participating as lawyer in the court (collecting the case). And should have the performance evaluation committee, may consist of justice, chief of provincial lawyers council and the people request for assistance. There is a survey to examine the people satisfaction by a questionnaire or evaluation form to know the advantage and disadvantage, being the guideline for address the problem and improve the performance of lawyer e.g. public defender conducts a case, if the evaluation is at very good level, he or she will receive one more case, that is, he or she can collect 2 cases of 20 cases, collecting 10 real cases and another 10 cases from the evaluation.