SPECIAL MEASURES FOR THE PROTECTION OF WITNESSES AFTER TRIAL IN CASES INVOLVING TRANSNATIONAL CRIMES

Abstract

This study aims to: 1) examine the problems arising from the application of special measures to protect witnesses after criminal proceedings, particularly in cases under the Prevention and Suppression of Participation in Transnational Organized Crime Act B.E. 2556; 2) compare the use of such measures between the Thai legal system and selected foreign jurisdictions; 3) analyze the limitations within Thailand’s current witness protection framework; and 4) propose new approaches suitable for integration into the Thai legal system. The findings indicate that although Section 8 of the Witness Protection in Criminal Case Act B.E. 2546 provides protective measures during the trial process, it does not extend protection beyond the conclusion of the case. As a result, witnesses involved in transnational organized crime remain exposed to intimidation and harm, discouraging them from providing complete information and weakening the criminal justice system. Comparative analysis shows that Australia and the United States have developed comprehensive and enduring post-trial protection systems. Australia adopts measures such as legal name changes, identity reconstruction, relocation assistance, and financial support. The United States, through its witness security program, offers structured relocation procedures, strict confidentiality safeguards, and long-term protection. Both jurisdictions demonstrate stronger post-trial frameworks than Thailand. The analysis highlights Thailand’s lack of a dedicated post-trial protection agency, insufficient long-term measures, and the absence of explicit recognition of witness rights after protection. Legislative and administrative improvements are therefore necessary. Recommended measures include establishing a post-trial witness protection body, enacting provisions for relocation and identity change, providing transitional financial support, and adopting strict confidentiality standards based on international practice.The study concludes that implementing these measures would strengthen witness protection across all stages, reduce risks, enhance public confidence in the justice process, and improve Thailand’s capacity to combat transnational organized crime sustainably.