LEGAL MEASURES FOR THE PROTECTION OF SUSPECTS' RIGHT TO BE INFORMED OF CRIMINAL CHARGES DURING THE INVESTIGATION STAGE
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Abstract
This research aimed to: 1) examine legal problems concerning the protection of suspects’ rights to be informed of the charges during the investigation stage; 2) compare legal measures in Thailand with those of foreign countries; and 3) propose guidelines for developing legal measures to protect such rights. This qualitative research employed documentary research methodology. Data were collected from the Constitution of the Kingdom of Thailand, the Criminal Procedure Code, relevant laws, international human rights principles, court judgments, textbooks, academic articles, and related research. The data were analyzed using content analysis and comparative analysis. The findings revealed that: 1) Thai law recognizes suspects’ rights to be informed of the charges; however, it lacks clear criteria and standards concerning the details and manner of informing suspects of the charges, particularly regarding the completeness and comprehensibility of the facts, circumstances, and legal basis of the charges. This results in differences in the practices of inquiry officials and may affect suspects’ rights to prepare their defense and to have legal counsel. 2) Foreign countries and international human rights standards require that charges be communicated in sufficient detail, clearly, understandably, and in a verifiable manner, together with mechanisms for controlling and reviewing the exercise of official powers. 3) Thailand should establish clear criteria and standards for informing suspects of charges, specify essential elements and appropriate procedures for notification, and provide mechanisms for review and remedies where charges are incomplete or unclear, so that suspects can properly understand their rights and obligations and effectively and fairly exercise their legal rights. The findings indicate that merely recognizing rights under the law is insufficient. Clear rules and effective mechanisms are necessary to ensure that the protection of suspects’ rights is genuinely realized in practice.
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