RIGHTS OF THE ACCUSED IN CRIMINAL CASES DURING CUSTODY BY THE INVESTIGATING OFFICER

Abstract

This study aims to examine the rights of criminal suspects during detention by investigative officers, analyzing Thai legal provisions, Supreme Court rulings, and the practices of investigative officers, as well as assessing problems, limitations, and gaps in the protection of suspects' rights. This qualitative research employed document analysis and Content Analysis.

The study found that the Criminal Procedure Code and the Constitution of the Kingdom of Thailand B.E. 2560 clearly stipulate suspects' rights, including the right to be informed of the reasons for arrest, the right to access legal counsel, and the right to a fair trial. However, in practice, inconsistencies and limitations were observed, such as incomplete notification of rights, detention beyond the legally permitted period, and restricted access to legal counsel. These issues were mainly caused by the lack of standard operating procedures (SOPs), insufficient training for officers, and unclear monitoring mechanisms.The study proposes legal and procedural improvements, including complete notification of suspects’ rights, full access to legal counsel, development of SOPs and manuals for investigative officers, continuous monitoring and evaluation of practices, and alignment with international standards, such as the ICCPR and UN principles. These measures would ensure that the detention of suspects is conducted transparently, fairly, and in accordance with human rights standards, thereby enhancing public confidence in the Thai justice system.