The Role of Public Prosecutors in Claiming Compensation in Human Trafficking Cases

Abstract

The Office of the Attorney General is one of the essential organizations in the criminal justice process. Public prosecutors have the responsibility to review investigation records from the inquiry officials. Investigation records in human trafficking cases are particularly important because the court uses them as guidelines in case adjudication. However, current Thai law separates investigative powers from prosecutorial powers. Inquiry officials have sole authority to investigate, which differs from international systems where investigative and prosecutorial powers are part of the same process, with public prosecutors responsible for both investigation and prosecution. This separation leads to problems regarding inter-agency coordination and renders Thailand's human trafficking case investigations ineffective.

This article presents problems and obstacles for public prosecutors in claiming compensation in human trafficking cases. To propose guidelines for protecting victims in human trafficking cases in accordance with international law standards, it is necessary to amend the law to redefine the role of public prosecutors. This amendment would allow public prosecutors to participate in human trafficking investigations thoroughly from the beginning until completion, enabling them to access comprehensive and timely case information and present various case details to the court to demonstrate damages incurred, thereby claiming appropriate and comprehensive compensation for victims in human trafficking cases. Furthermore, this would create a system of checks and balances, prevent monopolization of investigative powers, prevent interference from influential persons, and foster inter-agency collaboration to produce quality investigation records sufficient for courts to use as guidelines in case adjudication. Eventually, this would significantly enhance the effectiveness of human trafficking investigations in Thailand.