Measures governing the issuance of arrest warrants subject to Certification by public prosecutors

Abstract

The objectives of this research were to: 1) examine the problems concerning the consideration and issuance of arrest warrants subject to prosecutorial certification; 2) study the concepts, theories, and legal principles under Thai and foreign laws relating to the consideration and issuance of arrest warrants subject to prosecutorial certification; and 3) propose appropriate measures for the consideration issuance of arrest warrants subject to prosecutorial certification. This research employed a qualitative research methodology through documentary research, academic articles and relevant legal documents from both Thailand and foreign jurisdictions. The collected data were analyzed using content analysis and descriptive analysis in order to formulate measures for amending Section 66 of the Criminal Procedure Code concerning the consideration and issuance of arrest warrants subject to prosecutorial certification. The findings revealed that 1) Section 66 of the Criminal Procedure Code authorizes inquiry officials to apply directly to the court for arrest warrants without prior screening by public prosecutors. This has resulted in critical issues, namely the lack of a mechanism to verify evidence prior to filing court applications, disparities in access to justice for underprivileged suspects, and the unilateral exercise of discretion by inquiry officials without oversight from an independent body. 2) Thai law grants inquiry officials’ exclusive authority without proactive oversight from external bodies. This contrasts sharply with foreign jurisdictions:  the United States, where public prosecutors screen warrant applications based on the principle of probable cause; the French Republic, which requires the standard of sufficient evidence and mandates prior consultation between investigating officers and public prosecutors before warrants insurance; and Japan, which strictly applies the principles of reasonableness and necessity in restricting personal liberty. 3) Measuring governing the issuance of arrest warrants subject to prosecutorial certification, include: 3.1) amending section 66 of the Criminal Procedure Code by adding paragraphs three and four to mandate that, in criminal cases involving offenses punishable by death, imprisonment exceeding ten years, or offenses severely impacting public safety and economic security, applications for arrest warrants submitted to the court must first be reviewed and certified by a public prosecutor. In addition, the public prosecutor must provide a written legal opinion accompanying the application to establish an additional screening mechanism prior to judicial consideration; and 3.2) organizing joint information technology training for public prosecutors and inquiry officials to cultivate a shared understanding of uniform evidentiary standards and mitigate inter-agency friction, while developing an integrated  database connecting the Royal Thai Police, the Office of the Attorney General, and the Courts of Justice to facilitate prompt warrant submission and certification.