Abstract:
In principle, all evidences having probative value to prove facts in dispute are able to be admitted. Confession of alleged offender is an important evidence because the person who realizes with commission of an offence is the wrongdoer. Confession of alleged offender is a strong evidence playing an important role with proceeding of the criminal cases. Nevertheless, seeking of evidence by officer may affect right and freedom of people such as illegal procedure, oppression of inducement for confession. For protecting right and freedom of people, the Criminal Procedure Code (22nd Amendement) Act B.E. 2547 is issued by the Parliament for enforcement and the Act is strictly determined about procedure for government officer to comply with not only at the stage of arrest but also investigation. If the officer violates the Act, confession of alleged offender will not be admitted without any exception. This does not conform with criminal situation in Thailand which is in a high tendency. From studying, admissibility of the accued's confession in the United States of America, England, Australia and Germany are not strictly determined as that in Thailand because adhering to strict doctrine will affect establishing the guilt of the accused and will be an obstruction of bringing the criminal to receive the punishment. Hence, the strict enactment involved with inadmissibility of the accused's confession which is only for protecting the alleged offender is highly obstruction for maintaining public order. Beside, to avoid the strict principle relating to inadmissibility of the accused's confession, the Act should be amended for more flexible which the accused's confession should be admitted by discretion of judge if it is beneficially for proceeding. The disceretion as mentioned should be exercised according to a regulation which admissibility of the accused's confession will be appropriate for circumstances in Thailand and similarly with the legal system of ther nations.