From this study, it was found that the rights of the accused in criminal
case in accordance with the criminal judgment process of Thailand was supported
by the Constitutional Law, which obviously mentioned the rights and liberty of the
Thai people, included the rights of the accused in criminal case; provide that it was
proved at a later time that such accused did not commit offence and the accused
in such event should obtain law equity as well. Therefore, there was State agency,
which was authorized to examine and made consideration for assisting the accused
in the event of such criminal case; including the accused whose prosecution process
was dismissed according to Criminal Case Judgment Procedures Code, Section
185 and Section 227 that the prosecution was also dismissed but they did
not obtain the equal assistance from State agency. In case of the accused
whose prosecution process was dismissed according to Section 185, they
would obtain the assistance based on procedures of State agency. In case of
the prosecution dismissal based on Section 227, the assistance of State agency
would not be given. This study demonstrated the problem of the criminal
judgment process of Thailand that the rights of the accused were limited.
The rights of citizen were not widely equal and this was contradictory to
the Constitutional Law, which mentioned such equity.
According to the abovementioned provisions, the accused in criminal case,
which was proved at a later time that the offence was not committed, was the
entitled person to obtain State protection and would be able to make a request
for compensation and necessary expenses from responsible State agency in
accordance with conditions of relevant laws on citizenûs rights. The State protected
its citizen in case of the accused, who made a request for compensation from the
state in order to cure and assist the accused criminal case, which was proved
at a later time that such offence was not committed and was suffered when the¡°√“§¡ - ‡¡…“¬π ÚııÙ 97
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lawsuit was pending - for compensation of incomes loss, medical treatment cost;
including the rate of incomes after the date that the final judgment concluded that
he was not an offender. The accused, who was sentenced by Court that he
was not the offender, would be entitled to request for necessary and appropriate
assistance from the State. The compensation and necessary expenses would
be based on the relevant law provision in accordance with the Constitution
of the kingdom of Thailand 2007; Section 40 (5). The request for receipt
of expenses to the accused in criminal case must be consistent with the criteria
of Compensation for Sufferer and Compensation as well as Expenses to the
Accused in Criminal Case Act 2001.
However, there still were some issues about the criminal judgment
process of Thailand that should be improved; especially for the rights of the accused
in criminal case, which prosecution process was dismissed according to Criminal
Case Judgment Procedures Code, Section 185 and Section 227 in the part
that mentioned the dismissal of prosecution. The accused in criminal case,
as mentioned in any Section of the Act, should have the rights to obtain the
assistance of the State equally and Thai laws should be developed to catch up other
foreign laws. Finally, this would bring the ways of solving problems, which have
occurred in the judgment process of Thailand.