Abstract:
Under the current criminal procedure system in Thailand, initiating a criminal case is relatively straightforward. In some instances, this accessibility can lead to unnecessary or baseless accusations. This arises from the law permitting individuals or aggrieved parties to file criminal cases independently, without requiring preliminary investigations. While this ease facilitates the entry of criminal cases into the court's adjudication process, it can sometimes result in misuse. For example, civil disputes arising from contractual breaches may be distorted into criminal cases to achieve ulterior motives beyond lawful entitlements. If the criminal procedure system lacks effective filtering mechanisms or preliminary evidence inquiries, it could lead to individuals being unjustly subjected to criminal charges. This would increase the number of cases reaching the courts, potentially implicating innocent persons unnecessarily. When the court accepts such cases for trial, it directly affects the defendant, impacting their rights and liberties. Defendants may face pretrial detention or financial burdens for bail to contest the case. Consequently, preliminary evidence inquiries serve as a critical process for courts to assess whether the prosecutor's evidence provides sufficient grounds to believe that the defendant committed the alleged offense. This process acts as a safeguard against the malicious prosecution of cases lacking merit or sufficient supporting evidence.
Section 165/2 of the Thai Criminal Procedure Code serves as a crucial mechanism enabling defendants to present their evidence for the court's consideration during the preliminary inquiry. This provision alleviates restrictions on defendants' rights to present evidence under Section 165, paragraph three of the Code. It grants defendants the opportunity to submit relevant facts, legal arguments, and evidence-whether personal testimony, documents, or objects-that could benefit their case. By allowing defendants to make such representations and request the court to examine or interrogate witnesses during the inquiry phase, the provision seeks to balance crime suppression and the protection of individual rights. Nevertheless, the court's discretion in summoning witnesses based on the defendant's statements is not mandatory under Section 165/2. The phrase "necessary and appropriate" grants the court broad discretion, but practical limitations in implementing this discretion can hinder its effectiveness. If the court declines to summon witnesses as requested, defendants cannot appeal or petition due to legal constraints. Consequently, under the current legal structure of Section 165/2 of the Criminal Procedure Code, there is no binding obligation on the court to summon witnesses merely based on the defendants request. The courts discretionary authority in this matter remains subject to inherent limitations.
Given the issues and limitations of the existing law, the author proposes that the standard and intensity of the preliminary hearing should be enhanced, with greater involvement of the defendant in the process. It is recommended to adopt the principle of hearing both sides, a fundamental principle that ensures the right to a fair trial, as the guiding framework for revising and amending Section 165/2 of the Criminal Procedure Code. This would involve granting the defendant the right to present evidence to counter the prosecutions witnesses at the preliminary hearing, rather than placing the burden solely on the court to exercise discretion in summoning witnesses for case evaluation. This would provide the court with a more comprehensive understanding of the case before making a ruling, thereby improving the efficiency of case filtration prior to trial. It would also reduce disparities in the application of the law and prevent the misuse of baseless criminal cases as tools for harassment, ensuring that individuals are not unjustly subjected to criminal charges.