อำนาจของผู้อำนวยการสถานพินิจ ในการทำความเห็นไม่ฟ้องคดีอาญาที่เด็กหรือเยาวชนกระทำผิด / อดิศร ตรีเนตร = The authority of the director of juvenile detention facilities conducting criminal proceedings / Adisorn Treenate
Juvenile justice system intends to correct and rehabilitate juveniles who committed offences for the best interest of the juveniles. One of the most effective measures is" to divert juveniles who committed offences from adjudicative judicial process." Diversion aims to prevent the detrimental effects from the official judicial process and to protect juveniles from being called criminals or recorded as guilted wrongdoer. Thailand has this measure in section 63 of the Juvenile and Family Court Act B.E. 2534 which empowers the director of juvenile detention facilities to recommend the prosecutor not to sue juveniles who may reform themselves without official judicial process. But the aforesaid measure cannot practically be applied as a result of the ambiguity and unsuitability. Such weak points cause several practical problems; for example in selection of juveniles which the director considers only factors related to the offender but does not consider other relating factors, the consent of juveniles to be detention, due process of law and unconstitutionality. From the study of foreign practice, some measures must be made for juveniles without adjudication process. Such measures must aim to correct, rehabilitate and make the juvenile realize the consequences of their conduct by compensating to the injured person or the society. The due process of law is actually needed in juvenile protection measures because these measures are done without adjudicative process which are different from the Thai measures. The writer has already summarized and recommended the solution for Thailand.