Revoking arrest warrants: a comparative analysis of Thai law and German law

Abstract

An arrest warrant can be considered a type of criminal warrant. It is one of the important tools for government officials to bring the accused to justice. The arrest violates the rights and freedoms of the people. According to the constitution, it is prohibited excepting the restriction of a person's rights or freedom must be in accordance with the conditions stipulated in the Constitution. In the case, the constitution does not provide conditions, such laws must not violate the rule of law. The Criminal Procedure Code specifies the arrest warrant. Therefore, issuing an arrest warrant must be carefully considered and has clear evidence to protect people's rights and freedoms according to the Constitution. However, there may be cases where there are errors, defects, or other reasons to consider the issuance of an arrest warrant. Therefore, there should establish criteria for revoking an incorrectly issued arrest warrant. This article on criteria for revoking arrest warrants studied the problems with revoking arrest warrants in Thailand. The law does not clearly state the criteria for revoking an arrest. The Criminal Procedure Code, Section 59, last paragraph, and Section 68 explain how to get rid of an arrest warrant. The President of the Supreme Court's Regulations also explain the rules and procedures for giving out orders or criminal warrants. 2005 Section 24, that criteria for revoking an arrest warrant is not specified in any way. The purpose of this article was to examine the criteria for rescinding an arrest warrant by comparing the laws of Thailand with other countries, like Germany, which has a legal system similar to Thailand's. The goal of this article is to look at what happens when the court uses its power to cancel an arrest warrant, including how to solve problems by putting criteria for canceling arrest warrants in the Criminal Procedure Code.