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INNOVATIONS IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN THAILAND (FROM INNOVATIONS IN CRIMINAL JUSTICE IN ASIA AND THE PACIFIC, 1979, BY WILLIAM CLIFFORD AND S D GOKHALE - SEE NCJ-60211)

NCJ Number
60216
Author(s)
D CHOOSUP
Date Published
1979
Length
17 pages
Annotation
NEW DEVELOPMENTS IN THAILAND'S CRIMINAL JUSTICE SYSTEM ARE DESCRIBED, WITH ATTENTION TO THE JUDICIARY AND THE COURTS, AND PARTICULAR REFERENCE TO THE JUVENILE COURTS AND CORRECTIONS.
Abstract
THE THAI LEGAL SYSTEM, LARGELY UNAFFECTED BY FOREIGN INFLUENCE, ADOPTED A NEW CONSTITUTION IN 1974 ENUMERATING CERTAIN FUNDAMENTAL HUMAN RIGHTS AND LEGAL PRINCIPLES OFTEN IGNORED BY OTHER CONSTITUTIONS. THE INFLICTION OF PUNISHMENT OR THE TRIAL OF OFFENSES ON A RETROACTIVE BASIS WAS FORBIDDEN, AND THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE WAS CLEARLY ACCEPTED. RIGHTS RELATING TO ARREST, DETENTION, SEARCH, AND LEGAL AID WERE MENTIONED, AS WELL AS THE RIGHT OF AN ACCUSED PERSON TO A SPEEDY TRIAL AND THE PROHIBITION OF TORTURE AND COERCION AS MEANS OF OBAINING EVIDENCE. UNDER THIS SYSTEM, THE COURTS WERE ORGANIZED INTO THREE CATEGORIES: THE COURTS OF FIRST INSTANCE, THE COURT OF APPEAL, AND THE SUPREME COURT. THE COURTS OF FIRST INSTANCE ARE (1) FOR BANGKOK--THE CRIMINAL COURT, THE CIVIL COURT, THE MAGISTRATES' COURTS, AND THE CENTRAL JUVENILE COURT; AND (2) FOR THE PROVINCES--THE PROVINCIAL COURTS, THE MAGISTRATES' COURTS, AND THE PROVINCIAL JUVENILE COURTS. THE COURT OF APPEAL HEARS APPEALS FROM ALL OF THE COURTS OF FIRST INSTANCE THROUGHOUT THE COUNTRY. THE SUPREME COURT IS THE FINAL COURT OF APPEAL IN ALL CIVIL, BANKRUPTCY, AND CRIMINAL CASES. THAILAND HAS A MODERN POLICE FORCE, WITH A CENTRAL CRIMINAL INVESTIGATION BUREAU WHICH HELPS IN THE DETECTION, PREVENTION, AND SUPPRESSION OF CRIME. THERE ARE SPECIAL JUVENILE COURTS, AND THE DEPARTMENT OF CORRECTIONS OVERSEES THE TREATMENT OF OFFENDERS IN PRISONS, PENAL INSTITUTIONS, HOUSES OF CONFINEMENT (FOR MINOR OFFENDERS), AND A HOUSE OF RELEGATION (FOR HABITUAL OFFENDERS). 'OPEN' INSTITUTIONS, WHICH PROVIDE LIVING CONDITIONS CLOSELY RESEMBLING THOSE FOUND IN COMMUNITY LIFE; REFORMATORIES; WOMEN'S PRISONS; AND MEDICAL CORRECTIONAL INSTITUTIONS FOR DRUG ADDICTS HAVE ALSO BEEN ESTABLISHED. A NEW TRAINING AND RESEARCH CENTER FOR CORRECTIONAL OFFICERS HAS BEEN DEVELOPED TO IMPROVE CONDITIONS IN THE INSTITUTIONS AND IN THE REHABILITATIVE PROCESS. CRIME STATISTICS AND DATA ON POLICE STAFF AND CORRECTIONS ARE PROVIDED. (WJR)