RECOURSE FROM AN OFFICIAL WHO COMMITTED AN OFFEMSE UNDER JAPAN'S CRIMINAL COMPENSATION ACT

Abstract

          Japan has given importance to the protection of the rights of accused or defendants in criminal cases where human rights have been violated. The accused or defendant shall have the right to receive compensation if human rights are violated due to the error of the judicial process or the action of the government officials. The reason that the rights of the accused or the defendant have been established is because the accused or defendant whose human rights have been violated without his own cause shall be entitled to compensation according to the law. In Japan, a specific law was established as a basis for paying compensation to the defendant. Innocent and also stipulates that government agencies, after paying compensation according to the law, have the right to recourse from the offender. can cause a mistake Unlike Kingdom of Thailand, there is no specific law granting fair fund rights when spending. To those whose human rights have been violated, which is in accordance with the criteria set forth by the Justice Fund Act B.E. 2558 have the right to recourse from government officials who commit offenses in the judicial process And even though there is a Liability Act. Violation of officials 2539 B.E. has provided that government agencies have the right to recourse from officials. If they have committed a violation with willful or gross negligence But in the case of the Justice Fund, the said Act cannot be enforced. Because the said act is a compensation for damages or compensation if it meets the criteria specified by law. has the right to recourse But the Justice Fund is only a fund that takes care of victims according to the Justice Fund Act B.E. 2558 only. Therefore, studying the law on this issue may be a guideline for considering the revision of the Justice Fund Act B.E. 2558 from government officials.