Abstract:
Currently in Thailand, problems in providing protection to criminal victims during criminal proceeding manifestly present in many aspects. This is partly because the law does not specify the appropriate measures that should be used by the state officials. Also, the protection measure are specified in too many statutes, i.e. the Penal Code, Criminal Procedure Code, and other statutes enacting for specified type of offense, without basic or minimum standard of measures to be provided for victim. Moreover, it is difficult both for the state officials to decide how to enforce those laws and for the victim to properly request for protection. It may also have negative implication or result in the use of protection measure in a manner that is not in accordance with the objectives of the laws causing the victim not to be able to enjoy complete and effective protection. In foreign countries, measures have been prescribed to provide protection for the victim during the criminal process. For example, the United States has enacted the Federal Act, prescribing not only rights of the injured party but of the victims of crime as well. These measures are general measures to be implemented in every category of criminal cases, deemed as a guarantee for fundamental rights and basic measures to protect the victims. These measures can be applied to other categories of crimes as well. Additionally, the statute clearly prescribes role and duties of state officials, forms of preliminary injunction, penalties in case of breach of protection orders, so that the injured party or the victims would be effectively protected. This thesis argues that Thailand should be adopt general measures and criteria in providing protection for the injured person during criminal proceeding and use as basic measures and standards to protect the injured person from dangers or threat of dangers caused by the offenders, so that the injured person can conduct or involve in criminal proceeding in fairness.