การพัฒนาหลักเกณฑ์ในการปล่อยชั่วคราวโดยศาลเพื่อสร้างหลักประกันด้านความปลอดภัยแก่ผู้เสียหายและสังคม
The objective of this thesis is to study the provisional release criteria under the relevant laws of Thailand and compare them with those of other countries in order to find out the guidelines for the revision of criteria used for the consideration of application. Thereby, the said criteria are expe...
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| 格式: | Theses and Dissertations |
| 語言: | Thai |
| 出版: |
จุฬาลงกรณ์มหาวิทยาลัย
2019
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| 在線閱讀: | https://digiverse.chula.ac.th/Info/item/dc:22117 |
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| 總結: | The objective of this thesis is to study the provisional release criteria under the relevant laws of Thailand and compare them with those of other countries in order to find out the guidelines for the revision of criteria used for the consideration of application. Thereby, the said criteria are expected to be in compliance with the laws concerning provisional release in Thailand, which can ensure the safety of both victims and societies. According to the study, it is found that the criteria for considering the application under the Criminal Procedure Code cannot be used to evaluate the risks of defendants’ criminal repetition or other criminal offenses. Only the grounds for the charges stated in application, indictment, and request for detention are used for consideration. Considering the criteria for determining the application and the grounds for not allowing the said release from Scotland, England, Sweden, the United States, and Australia, it can be seen that these countries have established different criteria for the consideration on application, determine non-bailable offences, and show compelling reason. The suggestions of this study include the revision of criteria for consideration on application for provisional release, for instance, the nature and the characters of the accused or the defendants, the revision of the grounds for not allowing provisional release, for example, in case the accused or defendants are pending for other trials. In addition, non-bailable offences should be established. Also, patterns of consideration on application should be set up, requiring the accused or defendants to show compelling reason that can persuade the court to approve provisional release. At the meantime, the investigators or the prosecutors must provide precise information for the court to be awared that the accused or the defendants are prone to escape or commit other crimes. |
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