Criminal (penal) lawsuit
By contrast, in some countries, criminal cases may be initiated only by the federal or a state government. However, in Thailand, the criminal case is not only initiated by the state (public prosecutor). But also an injured person (victim) is allowed to file a criminal charge or file suit to Court Directly. In other words, the Criminal Suit or Criminal Prosecution by an injured person in Thailand. It is not subject to a police investigation or the consent/approval of a public prosecutor.
Co-Prosecution with a Public Prosecutor
Moreover, in some cases, where public prosecutors have a prosecution for public benefit. In such a case, if you are an injured person of such a criminal offense. You may join the prosecution with the public prosecutor. Keep thing in mind, most of this action is to support police and/or public prosecutors evidence to prove the criminal offense. As well as, ensure that there will be nothing wrong during the investigation and hearing.
Criminal (penal) Defense
Although, the entire burden of proof of the criminal offense is on the prosecutor. Both, the question of fact and the intention of commission of the offense of the Accused. As well as the standard of proof the offense which must be without a reasonable doubt. It seems to be difficult to make a proof without reasonable doubt. However, in some cases there will be strong evidence. In this case, a hard cross examination may not help to create any reasonable doubt for case dismissing. Finally, plead guilty may be the best for the issue.
Importantly, when hearing. It is not only cross examination of evidence of the prosecutor to create a doubt of evidence. But also to ensure that all the examinations and hearing are fair and true. As well as to ensure that you are not liable or punished for any criminal offence you have not done. In conclusion, your innocence will be clear to everyone.
If you are interesting to understand more about the Criminal Procedure under Thai Law, you may visit Court of Justice Thailand website.
By: Ake & Associates