การคุ้มครองสิทธิของผู้ต้องหาตามรัฐธรรมนูญแห่งราชอาณาจักรไทย : ศึกษาความสัมพันธ์ระหว่างแนวความคิดทางกฎหมาย และกระบวนการบังคับใช้ / ร้อยตำรวจเอกหญิง กรกาญจน์ อรุณปลอด = Rights of the accused under the constitution of Kingdom of Thailand : the relation between legal thought and the law enforcment process / Pol. Capt. Kornkan Aroonplod
The two major laws which are the linch pin and fly wheel for protecting the right and liberty of the people and the administration of criminal justice of Thailand are the Constitution and the Criminal Procedure Code. The Constitution of Kingdom of Thailand govern the broad principles in protecting the right and liberty of the people from undue infringement. Whereas the Criminal Procedure Code spell out the authority of the officers and the related organization in the criminal process. The Constitution is the supreme law of the land which specifies the role and the duty of various organizations including the legislation for the government of the country to induce progress and protection of the right and liberty of the Thai people. However there were enough changes of the constitution along the way. There were changes in the thought on protection of right and liberty of the people in regard to search, arrest, detention, provisional release and protection of the right of the accused under the process carried out by the police. The cause of such changes are the problems in practice which affected the right and liberty of the people. Therefore the law must set measures to remedy those ills and the B.E. 2540 Constitutions came into the scene. This thesis intends to study the evolution, thought and theory, meaning, scope and spirit of the protection of the right of the accused under the B.E. 2540 Constitution which has moved from the Crime Control approach to Due Process approach. This caused a change in the protection of the right of the accused which in turn resulted in a need to change in laws regarding arrest, search, detention and provisional release and the interrogation. The thesis also analyses the problems obstacles and the approach in revising the law related to the criminal process organization. This will shed lights on a more efficient method given the murky one being in use at present. The thesis has proposed the approach to draft a new Criminal Procedure Code to comply with the present B.E. 2540 Constitution and it also has touched the way which the officers should carry out their duties to enforce law in a suitable and efficient manner as well as the protection of the rights of the accused as provided under the Constitution.
