Page 104 - kpiebook67020
P. 104
103
criminal investigations are conducted by a team of police officers with
shared responsibilities and support from the prosecutor. While there is
a separation between the power to investigate and the power to order
prosecution, the public prosecutor still retains the authority to supervise,
inspect, provide advice on investigations, and prepare case reports for
investigators, all within the framework of the law (Santi Phiwthongkham,
2021).
The public prosecutor's primary role lies in the consideration
either to prosecute or to recede cases, based on investigation files and
evidence provided by the investigating officers. The task of uncovering
facts and gathering evidence to establish the guilt of the accused, thus,
falls on the police without external supervision. The prosecutor's role is
to assess and offer recommendations for criminal investigations aimed at
establishing the guilt or innocence of the accused with comprehensive
evidence. In essence, the prosecutor's knowledge of the facts and evidence
is limited to what is presented by the investigating officer in the
investigation file. This arrangement has significant implications for the
exercise of discretionary power in deciding whether to initiate legal
proceedings. It has a profound impact on key principles such as the
maintenance of peace in society, the preservation of fundamental rights
and liberty, crime prevention, and rights of involvement in the criminal
justice process. This approach may not align with international principles
pertaining to criminal proceedings under the rule of law.