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102 การศึกษาการป้องกันวิกฤตสังคมในอนาคต
This case study highlights the critical problem in Thailand's criminal
investigation system, involving the abuse of power as well as corruption
by investigators and police officers during the investigation process.
This rooted crisis in police work requires assumptions and potential
solutions from the Constitution of the Kingdom of Thailand, which is
subject to a reform of the justice process. Regarding the investigation
of criminal cases, in Section 258 D. (2), for more than 5 years, concrete
reforms to the criminal investigation system, in alignment with the spirit
and principles of the Constitution, have not occurred yet. There has only
been an examination of the problem and suggestions along with the
preparation of draft legislation, namely the Criminal Investigation Act,
B.E......, and the Royal Thai Police Act, B.E. … . These drafts were pending
for a hearing in accordance with Section 77 of the Constitution.
Structural Issues
The Thai criminal investigation system under the Criminal
Procedure Code entrusts the authority to investigate criminal cases
primarily to investigators or police officers. Investigating officers possess
the power to conduct investigations, search for evidence, compile case
documents, and form independent opinions. There are no checks and
balances from other parties, which distinguishes Thailand’s criminal
investigation system from those elsewhere, such as in England, where