Abstract:
This research reviews the role and the authority of court in witness protection in criminal case, considers the issues of legal measures of witness protection from intimidation through the legislations that regulate responsibilities and accountabilities of court to proceeds witness protection. Such legislations are Penal Code, Criminal Procedure Code, Witness Protection in Criminal Case Act B.E. 2546, The Anti- Trafficking in Persons Act B.E. 2551, Domestic Violence Victim Protection Act B.E. 2550, including internal regulations of court. Court plays vital role to protect witnesses in various aspects: provides safety and security for witnesses, prevents witness intimidation, sentences whoever commits witness intimidation, also properly treats witnesses. Research into these areas uncovered problematic issues and areas that needed improvement, such as vague rule in some court procedures, the role of court in execution witness protection as imposed by Witness Protection in Criminal Case Act B.E. 2546, a definition of who is eligible for protection, how to treat witnesses appropriately, etc. The author recommends the progress of amending and implementing witness protection legislations by enacting explicit rule for witness protection purpose in some procedural legislations, clearly defining the terms of the law, along with adding the provisions granting the court more authority for protecting witnesses entirely. The areas for improvement of witness protection execution by court have been addressed and now implementations are essential for the success of overall witness protection and the effectiveness of criminal justice administration.