Abstract:
The purpose of this research article is to study and search for problems and appropriate legal solutions regarding the arrest of the alleged offenders or accused by the Court Marshal in case of escaping while being temporarily released, by studying concepts, theories, and laws of Thailand and abroad, including interviews with those who involved, to bring all the information to analyze and find solutions that are appropriate for the current situation. The researcher found that the duties and authorities of the Court Marshal in the arrest of the alleged offenders or the accused who have been temporarily released by the court but have fled, as provided in Section 5(4) of the Court Marshal Act B.E. 2562 (A.D.2019) has the following problems: First, Section 5(4) is inconsistent with the reasons for promulgating this Act. It is appropriate to appoint the Court Marshal to act effectively in the arrest of the alleged offenders or the accused who escape while temporarily released, Second, Section 5(4) does not authorize the Court Marshal to directly arrest the alleged offender or the accused who have been temporarily released by the court and have absconded, thus, the Court Marshal cannot be the managing according to the arrest warrant, Third, the arrest by the Court Marshal in case of an emergency where it is not possible to request help from Administrative Officials or police on time is an exception of the law that may cause the Court Marshal's discretion inefficiency in arresting those escapers, Fourth, Section 5(4) like the provisions of Section 117, paragraph 3 of the Criminal Procedure Code, which may count to unnecessary legislation according to the meaning of Section 77 of the Constitution of the Kingdom of Thailand B.E. 2560 (A.D.2017). Therefore, the researcher would like to propose a solution, which is to amend the provisions of Section 5(4) from the original to Section 5, the Court Marshal have the following duties and authorities: (4) When the alleged offenders or the accused who have been temporarily released by the court have fled or will escape, and there is a court order or warrant for arrest, the Court Marshal shall have the authority to arrest the alleged offenders or the accused, and when caught, bring the arrested person to the court quickly. To be consistent with the reasons for enacting and promulgating the Court Marshal Act B.E. 2562 (A.D.2019), to prevent and solve problems that may arise from the process of enforcing this law, to bring the alleged offenders or the accused back to the justice process, to allow the justice process to proceed continuously.