Defendant Rights in Criminal Cases Case Study: Compensation and Expenses to Criminal Defendants Damaged From the Justice System

Abstract

It was found from the author’s study that rights of accused in criminal case, a case study of compensation for damages to accused, who incurs damages arisen from process of judgment in Thailand which the Constitutional Law expressly states the rights and freedoms of Thais, including rights of accused in criminal case which the evidences subsequently indicate that he is innocent and this causes the government agencies to have authority in examination and consideration of remedy for such accused in criminal case in accordance with Damages for the Injured Person and Compensation and Expense for the Accused in Criminal Case Act, B.E. 2544. There is observation derived from this study that the condition of problem regarding compensation and expense for the accused in criminal case is remedy measure provided for innocent deserving to receive compensation for damages resulted from proceedings which cause imprisonment and the government has to compensate the accused in criminal case which is imprisoned innocent and this is protection of personal rights and freedoms. The accused has to be suffered and lost freedom including impacts on his reputation consisting of disgrace and loss of reliability in social because the status of defendant he receives in spite of he is innocent makes peoples in social judge him as offender, meanwhile, he will lose the opportunity to normally earn a living and this causes economic and financial damages in his family and the family members have to be impacted regardless of their mind, finance, living conditions, some families incur disharmony, the child loses educational opportunity, and these problems are the damages which have not been remedied in accordance with Damages for the Injured Person and Compensation and Expense for the Accused in Criminal Case Act, B.E. 2544.