The Development of Witness Protection Law in Corruption and Misconduct Cases

Abstract

         This research aims to (1) study the background concepts and theories related to witness protection in corruption and misconduct cases, (2) analyze legal issues concerning witness protection in corruption and misconduct cases in Thailand, (3) examine legal measures related to witness protection in corruption and misconduct cases in foreign countries, and (4) propose recommendations for the amendment, improvement and development of witness protection law in corruption and misconduct cases. The study employed qualitative research methods, including document research, in-depth interviews, and focus group discussions. Data synthesis was conducted using content analysis techniques and interpretation through comparative analysis.

          Findings showed that witness protection in corruption and misconduct cases in Thailand continues to face major legal challenges. These include issues such as the scope of witness protection, the delays in the consideration of witness protection requests, the right to appeal protection orders, the duration of the protection and the lack of the coordination mechanisms among agencies responsible for witness protection  and others. These legal problems stem from the inadequacy, lack of coherence, and lack of unity within the current legal framework. Therefore, it is recommended that the internal regulations currently enforced within each agency be urgently revised and improved to ensure that witnesses receive protection under a unified standard. This includes extending protection to individuals closely associated with the witness, setting a specific timeframe for the consideration of witness protection requests, granting the right to appeal to the Criminal Court for Corruption and Misconduct Cases with jurisdiction over the matter for protection orders, ensuring that the witness protection remains in effect as long as the threat persists, and establishing coordination and referral measures between agencies. These efforts aim to ensure that witness protection in corruption and misconduct cases is comprehensive, fair and free from discrimination, as guaranteed by law, through the enactment of a specific witness Protection in Corruption and Misconduct Cases Act.