THE PROTECTION OF CHILD RIGHTS AT PRETRIAL PROCESS UNDER THE ACT ON THE ESTABLISHMENT OF AND PROCEDURES FOR JUVENILE AND FAMILY COURT, B.E. 2553

Abstract

This thesis aimed to study problems caused by proceeding of child case and related to using of special measures instead of criminal proceeding under the establishment of and procedures for juvenile and family court B.E. 2553. The research focused on child only not include juvenile. The study revealed that: Firstly, there was not any stipulation of current rules for child interrogation in consistency with the purposes of the law to protect child rights particularly i.e. some of interrogations took excessive time and effected to delay the provisional release of child. Secondly, there was some inconsistence in the Criminal Procedure Code about duration of the detention of accused between person with more than 20 years old and child less than 15 years old. Finally, it was that Section 86 of the establishment of and procedures for juvenile and family court B.E. 2553 opened a gap for recidivists to be allowed under conditions of such section and they may not be repented of their misconducts due to such section could not prohibit, restrain and prevent any child recidivisms.

For being guidelines to solve problems mentioned above, therefore, the researcher had some suggestions as follows: Firstly, rules of child interrogation shall be stipulated for child less than 15 years old particularly by conducting under the opinion of interdisciplinary with careful consideration of children’s mind and readiness during interrogation. Secondly, duration of the detention of accused shall be stipulated consistently. Finally, because of higher rate of child recidivism during B.E. 2552-2556, the last paragraph of Section 86 of the establishment of and procedures for juvenile and family court B.E. 2553 shall be included the case that child who had already used such rights stipulated in above paragraph and made recidivism later.