สิทธิของผู้ต้องหาคดีอาญาในระหว่างสืบสวนและสอบสวน / สุนีย์ มัลลิกะมาลย์ = The Rights of an Alleged offender During Investigation and Inquiry /Sunee Mallikamarl
Every individual, regardless of what his social status might be, shall enjoy equal protection under the law. The “Alleged Offender”, being a person who is alleged to have committed a criminal offence, may ,during investigations and inquiries after facts and evidence, suffer his rights and liberty to be virtually annihilated by the authorities, despite the fact that it is well accepted that the Alleged Offender shall not be deemed to be an offender until his guilt is clearly established by a Court. It is therefore considered beneficial and worthwhile to review and study the rights of the Alleged offender during the conduct of investigations and inquiries. Such review and study is to be conducted by looking simultaneously at the statutory law and at the procedure actually followed in criminal investigation. Furthermore, as a comparison to Thai law, laws of some foreign countries are taken into consideration, thus providing perspective to the thesis in order to emphasize that in the true spirit of law, the lawful rights and liberty of an individual must be recognized, respected and protected at all cost. The attention of the authorities is also called to this problem and they are urged to recognize and comply with the internationally accepted Declaration of Human Rights and so called Democratic principles. It is considered that the advantages and benefits to be derived from the aforegoing review and study would be as follows: 1. To prove a safeguard for the rights and liberty of the Alleged Offender to which, by virtue of law, he is entitled. 2. To point out to those concerned both existing and suggested protections for the rights of the Alleged Offender in order to ensure that those rights ultimately be protected and recognized. 3. To be of direct benefit to the authorities who have a legal duty to perform in favors of the Alleged Offender, as a reminder to them of the rights of that offender. 4. To be used as a text for educational purposes, especially for a course in Criminal Procedure, and for all students.
