Abstract:
A judge is a one who exercises a judicial authority of the State. During his service there might be wrongful exercise of his judgment or discretion, especially wrongfully exercising his discretion during the trial. However, the scope of liabilities on wrongful exercise of judicial function of a judge is uncertain. Then, it comes into a question on a scope of wrongful exercise of judicial function. In addition, if it does not fall into a specific provision of law, should it be necessary to determine a judge as an official first? Then, the provisions in the Penal Code with respect to malfeasance in office, as general principle, shall apply to such case. From the study on the authorities, powers, limitations of liabilities principles and liabilities, it is found that a judge giving fairness to the public, although such exercise was wrongfully made, is not subject to the criminal liability. Therefore, the scope of wrongful exercise of his judicial function is limited to serving his functions other than serving judicial trial. In foreign countries, in imposing charge against a judge, the state of an official is not essential, but course of serving his function whether it is made for public benefit is taken into consideration. Thus, it needs not to interpret a word official. Moreover, imposing a criminal charge against a judge may lead to disrespect and discredit against the judicial institute and a judge. This Thesis proposes guidance to solve problems by recommending separation of judicial functions from administrative functions. The Judiciary Commission should set definite rules on charges and penalties made against a judge wrongfully exercising his discretion in relation to the trial or judicial proceeding. The preliminary examination and imposing penalty should be openly made to the public. In addition, there should third parties being members of the Judiciary Commission. And also, in selecting judges, the Judiciary Commission should select persons having strong experiences in litigations; it may select from attorneys with good knowledge and having outstanding competence and good conduct and stable financial status. The Thai Bar Association as the third organization should also take part in supervision on wrongful exercise of judicial function of a judge as such judge is a member of the Thai Bar Association. When a member of the Thai Bar Association does not act properly accordingly to the Rules announced by the Thai Bar Association, he may be imposed with penalty. It should be essential to establish ethics in judicial work and promote judges to study to earn more knowledge. The Court of Justice should take role on moral and ethics under the law which will be applied to examination made against a judge in order to prevent a problem on wrongful exercise of judicial functions