Abstract:
Witness Protection of National Anti-Corruption Commission according to Organic Action Counter Corruption, B.E. 2542 (1999) edited No. 2, B.E. 2554 (2011), Section 103/6 accompanies Notification of the N.C.C. Commission, Rules, Procedures and Conditions of Persons or Accuseds Immunities as the witnesses without prosecuting, B.E. 2554 (2011), clause 3, 4 and 11. Including the Regulation of N.C.C. Commission as to Protection and Assistance the witness B.E. 2554 (2011), clause 8. There is the problem which has affected on witness protection because the inexplicit of the laws. It causes the interpretation of the category of the witness, the boundary of the offense, the condition of applying for precluding as witness and the period of protection, which against the witness who unintentionally breaking the law or being a part of an offend. Therefore, the proceeding of witness protection has not covered to the administrative measures which effected to the rights of the witness, also conflicts to the will of the witness immunity against higher officers who breaks the laws. Consequently, this independent study has proposal to not take any action to the unintentionally breaking the law witness in any kind of responsibilities, whatever as criminal, discipline, administrative or in civil case. Moreover, the norm of witness should be amended in order to cover the indirect offender, also should be retrospective to witness under the Witness Protection of National Anti-Corruption Commission.