Abstract:
The witness in the criminal case is significant; in term that the question of fact and the evidence used to proved whether the accused is guilty or not depend upon the witness. Nevertheless, there, apparently, are various obstacles concerning to the witness to provide testimony in the criminal case; for example, fearing of the danger, being employed to abscond, being absent for the reason of important business, illness or death, preventing to appear before the court, reversing the statement, or having negative opinion of justice proceedings such as the criminal trial consume a large quantity of time,Thailand utterly fail to protect the witness. Those laws do not make inspiration for the witness to come before the court because of some legislations; for example, excluding the family or the influenced person of the witness, not funding or paying expenses for the witness during the trial.Many factors; for the instance, the currently complicated crime, the speedy improved - crime organization, the failure of the state to punish the offender, the threat to the witness, the absconding of the witness under employment decrease the assurance of the witness. The witness protection by the legal measures are essential mechanism to ensure the witness to the justice proceedings. Therefore, it is necessary for the state to provide specific legal measures to protect the witness, with the following special measures: The closure of the name and address of the witness, establishing a new identity (name, address, occupation), relocation of the witness, paying the fund in the case that the witness come to testify before the court or get danger resulted from his or her testimony, paying paying expenses for the witness from pre- testimony until the end of testimony. The protection should , also, cover the safety of the family or the close- related person of the witness. The legal measures which create the inspiration of the witness should include these means; tax reduction, honour declaration and suitably treatment to the witness. All the measures will ensure the witness concerning the safety, build the positive opinion for the witness to the Thai justice proceedings ,and assist the state to punish the offender successfully.