VISITING EXPERTS’ PAPERS
THE EMERGENCE OF VICTIMS’ RIGHTS IN THAILAND:TWENTY YEARS AFTER THE U.N. DECLARATION OF BASIC PRINCIPLESOF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER
Prathan Watanavanich*This paper presents and discusses strategic policy for victims of crime and its development in Thailand,
including victim’s support and assistance. It also discusses the major operations undertaken under theVictim Compensation and Restitution for the Accused Person Act, and Witness Protection Act by the
Department of Rights and Liberties Protection, Ministry of Justice. This will include questions and practices
in other relevant criminal justice agencies.

I. INTRODUCTION
The Thai criminal justice system, as in other countries, emphasized the roles of the public police andpublic prosecutor, court and prison to bring the offender to justice and the victim served as a crucial witness.
Under the present Criminal Procedure Code, the criminal prosecution may be instituted either by the publicprosecutor or by the injured person and the person who has the power to act on his behalf.

The injured person is a person who has received injury through the commission of any offence, including
any other person who has the power to act on his behalf (Section 2, and (4) Criminal Procedure Code,CPC).
In case the injured person is a married woman, she has the right to lodge a criminal charge without thepermission of her husband. Other persons may act on behalf of the injured person: (sections 4, 5, CPC), as
follows:(1) the legal representative or custodian in respect only of offences committed against the minor orincompetent person under his care;(2) the ascendant or descendant, the husband or wife, in respect only of criminal offences in which the
injured person is so injured that he died or is unable to act by himself;(3) the manager or representatives of a juristic person in respect of any offence committed against suchjuristic person.
When the injured person institutes his/her own prosecution, the case will not proceed through theordinary criminal process, as does the public prosecutor. Under the Criminal Code (CC), there are two typesof specific offences (crimes), namely, compoundable and non-compoundable offences.
The compoundable offences are regarded as private wrongs provided by the criminal law. These offences,among others, are assault, mischief, fraud, defamation, embezzlement, and offences relating to trade andsexual offences, which are less harmful to the public. However, most offences are not compoundable
offences, or so-called offences against the state.
The police officer can make an investigation or inquiry into the case by his own initiative. However, thepolice have no power to initiate or conduct an investigation into the compoundable offences without anallegation made by the injured person. The Criminal Procedure Code divides fact-finding into:* Adjunct Professor and Former Dean, Faculty of Law, Thammasat University, Bangkok, Thailand.

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RESOURCE MATERIAL SERIES No.70(1) Investigation is a search for facts and evidence, which an administrative or police official has made inaccordance with his power and duty, in order to preserve public order and to ascertain the particularsof an offence (section 2, 10).
(2) Inquiry is the collection of evidence and other proceedings conducted by an inquiry official according
to the provisions of the CPC in connection with an alleged offence, for the purpose of ascertaining
the facts or establishing the guilt and securing punishment of the offender (section 2, 11).
(3) Inquiry official is an officer invested by law with the power and duty to conduct an inquiry (section2, 6).*
In general, most criminal cases (both compoundable and non-compoundable) come to the police in theform of a complaint either made by the injured person (victim) or by the denunciation (witness). In case of anon-compoundable offence charged by an injured person in the trial court, the public prosecutor may file amotion to associate himself as joint prosecutor at any time prior to the case becoming final. (The injured
person can do likewise in the public prosecutor charge’s case.) If the injured person institutes a criminal
prosecution and then he withdraws the charge, such withdrawal shall not prevent the public prosecutor fromre-instituting the prosecution, except where it is a compoundable offence.

A. Entering the Criminal Justice Process
A person may enter the criminal justice process either by receiving a summons, or arrest with or without
a warrant. In practice, the person may be summoned by the inquiry police official in charge of the inquiry toappear before him as a witness or as an alleged offender. However, the inquiry official may conduct aninvestigation in attendance of the witness, or the alleged offender without issuing a summons.
In general, the police officer can make an arrest or search with a warrant of the court. An exception shallbe made under sections 237, 238 of the Constitution.
(1) No arrest and detention of a person may be made except where an order or a warrant of the Court isobtained, or where such person commits ...
(2) A flagrant offence or where there is such other necessity for an arrest without warrant as provided
by law.
A warrant of arrest or detention of a person may be issued where:a. there is reasonable evidence that such person is likely to have committed a serious offence
which is punishable as provided by law; orb. there is reasonable evidence that such person is likely to have committed an offence and there
also exists a reasonable cause to believe that such person is likely to abscond, tamper with theevidence or commit any other dangerous act.
(3) A search in a private place shall not be made except where an order or a warrant of the Court isobtained or there is a reasonable ground to search without an order or a warrant of the Court asprovided by law.

B. Investigation and Inquiry
The police, in principle, may conduct an investigation for the prevention or suppression of criminal
activities; the so-called proactive as well as reactive crime prevention. In case of an arrest, the inquiry
officer will question the alleged offender, but he must be informed of his right to remain silent and that the
charge and his testimony will be used against him at the trial. In this respect, the law forbids an inquiry
officer to make or cause to be made any deception, threat or promise to any alleged offender, inducing him to
make any particular statement concerning the charge against him.
The police officer has the power to hold and interrogate a suspect within forty-eight hours. The arrested
person being kept in custody shall be sent to the court for hearing within 48 hours as from the time of his* An inquiry official, invested by law to keep the public peace, is classified as an “administrative or police official”; for thepolice, the officer must be head of the police station having the rank of police sub-lieutenant or its equivalent upwards (section
1(15)-(33), on the police ranks, CPC).

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arrival at the office of the inquiry police officer. The court shall consider whether there is a reasonableground under the law for the detention of the arrested person or not, except for the case of force majeure or
any other unavoidable necessity as provided by law.
The arrested person may apply for bail when he is kept in custody. The application must be accepted forconsideration without delay, and excessive bail shall not be demanded. The refusal of bail must be based
upon the grounds specifically provided by law, and the accused or the suspect must be informed of suchgrounds without delay. In case of refusal the right of the suspect is protected and he may lodge an appeal
provided under the Criminal Procedure Law.
In addition, a person being kept in custody, detained or imprisoned has the right to see and consult his
advocate in private and receive a visit as may be appropriate.
After having questioned the alleged offender, the inquiry has to prepare the necessary documents, which
are collected in an inquiry file. The file together with the officer’s opinion will be submitted to the publicprosecutor in charge of the case. The public prosecutor himself has no power to conduct an inquiry orinterrogate the accused. The prosecution of a criminal case shall not be charged in court without an inquiry
made by the police officer. However, he/she may instruct the inquiry officer to make an additional inquiry forfurther facts and evidence. In short, the criminal process may not be initiated by the public prosecutor.
Once an inquiry has been made in the police stage; the inquiry officer has to submit the inquiry file to the
public prosecutor for deliberation. The inquiry officer has to give his opinion whether or not the alleged
offender shall be charged in court. He/she has to submit the file together with the alleged offender to the
responsible public prosecutor in order to continue the process. The public prosecutor alone, by his
discretion, shall decide whether the case will be continued or stayed.

C. Public Prosecution Order
The Thai public prosecutor has discretionary power to issue a prosecution or non-prosecution order incriminal cases. His order shall be based on the police inquiry file and evidence; sometimes the outcome of
the case may influence his deliberation. If the evidence collected in the inquiry file is complete, the publicprosecutor will make a prosecution order. However, if the inquiry file is complete, but the evidence isinsufficient to verify that the offence has been committed, or it is not sufficient to prove beyond a reasonable
doubt that the offender is guilty, a non-prosecution order will be made. However, if the public prosecutor isof the opinion that the evidence in the inquiry file is not complete or conclusive to make his order, he mayadvise the inquiry officer to further investigate or send a witness to him for an examination. The publicprosecutor may direct the inquiry officer to find the missing facts or evidence relating to the case.
The prosecution order decided by the public prosecutor is final, but the non-prosecution order, if in
Bangkok territorial jurisdiction, shall be reviewed by the Chief or Deputy Chief of police entrusted with theduty of the National Police Agency to give an objection or approval opinion. If it is objected, the case will be
submitted to the Attorney General for deliberation. His decision is final.
In the provincial jurisdiction, the non-prosecution order shall be reviewed by the governor of theprovince (Thailand consists of 76 provinces). If the order is approved, it shall be final. If the case is not
approved, the case will be forwarded and decided by the Attorney General, Office of the Attorney General in
Bangkok. His order is final. It is worth noting that the non-prosecution order, if it is final, will forbid a new
inquiry into the same offence. However, a new inquiry can be made in case there is fresh evidence that may
lead to conviction of the offender in the said criminal case. Under the CPC the non-prosecution order shallnot bar the right of the injured person to enter his criminal prosecution in the court of first instance (seetable 1).

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Table 1 Prosecution Orders to Charge and Cases Instituted by Injured Persons in Selected Courts ofFirst Instance, 2004.
Public Prosecutors
No Prosecutors
Court
PublicInjured persons

Plaintiffs

Injured Persons
Defendants

Kwaeng Court* in Bangkok
1 South Bangkok
2 North Bangkok
3 Thonburi
4 Patumwan
5 Phrakanong
6 Dusit
7 Talingchan
Total
District Courts in Bangkok
1 Thonburi
2 South Bangkok
3 Minburi
Total
District Courts in the Provinces
1 Angthong
2 Chainart
3 Lopburi
4 Phranakorn Sriayuthaya
5 Prathumthani
6 Nonthaburi
7 Samutprakarn
8 Saraburi
9 Singhaburi
Total
Grand Total

I have observed that private prosecution cases varied in the provinces and Bangkok as well as in different
jurisdictions of the courts of first instance. Usually, private prosecution cases in Kwaeng Courts in Bangkok
are higher in comparison than criminal and provincial courts, also known as district courts. Criminal cases inthe district courts are more serious, complicated and last longer and require more time, financial, andtechnical support by professional investigators and lawyers. In serious criminal cases where the accused
pleads guilty to the charge, if the punishment is five years imprisonment or heavier, the Court shall not give
judgment at once, it must hear the evidence of the prosecution until it is satisfied that the accused is guilty(section 176, CPC).

* Kwaeng Court in Thailand is equivalent to the Magistrates Court in England or Summary Court in Japan. It tries cases
where the maximum punishment is not more than three years imprisonment with a single judge.
Source: Office of the Courts, 2004. These statistics are selected from courts that have data available.

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D. The Trial
After the prosecutor has filed the charge in court and the trial begins the status of the alleged offender
becomes the accused. There is no pre-trial motion. The criminal suit is filed by the public prosecutor, thecourt need not conduct a preliminary examination because the inquiry process has been completed.
However, the court may do so, if it thinks desirable. A preliminary examination of the prosecutor’s caserarely happens.
If the injured person entered his own prosecution, the court must order a preliminary examination
whether or not there is a prima facie case against the accused (section 165, CPC).
The rule on presumption of innocence is upheld. The prosecutor has a duty to prove his case to thesatisfaction of the court that the accused is guilty, if not he will be acquitted.
Where any reasonable doubt exists as to whether or not the accused has committed the offence, thebenefit of the doubt shall be given to the offender” (section 227, para. 2, CPC).
The accused has the right to remain silent at all stages of the criminal justice process.

E. Sentencing
If the trial ends in acquittal, the defendant is released and the state can not take further action on thesame charge against him/her. In case the trial court’s judgment is guilty, the defendant has the right toappeal. He/she may not only appeal against his/her conviction but also against the penalty. In Thailand, thecompetent judge or a panel of judges makes the decision of guilt and punishment. The judge has
discretionary power of sentencing under limitation of the law provided in each offence. (In practice, eachcourt has a guideline table to mete out punishment for most offences in the Criminal Code) In general, petty
and other equivalent criminal offences to petty offences are subject to a fine.
Capital punishment may be imposed in heinous crimes, such as premeditated murder, or murder withcruelty, torture and other violent acts. Capital sentences must be submitted to the court of appeal for review,even if no party has lodged an appeal.

F. Summary
1. The public prosecutor shall not enter a criminal charge in court without an inquiry officer having
made an inquiry in reference to the offence respecting the charge.
2. The inquiry officer has the power to hold an inquiry into all criminal offences, except compoundable
offences. This inquiry must be held after the regular complaint is made by the injured person.
3. An injured person may lodge a written or oral complaint with the inquiry official according to the law.
4. An injured person may also lodge a complaint with any administrative or police official who holds a
position subordinate or superior to that of the inquiry official.
5. The complainant (injured person) may at any time modify or withdraw his complaint. This shall bedone under conditions of the law provided for non-compoundable offences.
6. The injured person (victim) is entitled to institute all criminal offences against the offender by his
own initiative.
II. HISTORY OF VICTIMS’ RIGHTS IN THAILAND
The services for victim of crimes were first initiated by community based programmes run by nongovernmental organizations; among others were the Council of Social Welfare of Thailand, Population andCommunity Development Association, the Women’s Lawyers Association of Thailand, Friends of Women
Organization and the feminist movement in Thailand in the 1970’s. These programmes encompassed
assistance, counselling, legal aid, social welfare, including shelter and other services drawn from community
resources and foreign aid. They were community-based private and non-profit agencies rendering services
at local, community or national level under foundations and associations. In those days advocates for victims’rights claimed that the victims were not allowed to participate in the criminal justice process. In addition, therights of victim were not safeguarded by the Constitution.
In 1985, the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse ofPower set a stage for the non-governmental movement to convince the government on the rights of victims

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in criminal justice administration. The initiative of the victim’s rights movement focused on domestic
violence against women and children, and offences against sexuality, especially forcible rape.
The basic principles of victims’ rights are as follows:(1) The right to be treated with respect and recognition(2) The right to be referred to adequate support services(3) The right to receive information about the progress of the case(4) The right to be present and give his/her input to the decision making(5) The right to counsel(6) The right to protection of physical safety and privacy
In addition, the victim is entitled to compensation from both the offender and the state.
The victim of crime* is legally defined as “an injured person who has received injury through thecommission of any offences” (section 2 (4), CPC). The Declaration specified an injury to include physical ormental injury, emotional suffering, economic loss or substantial impairment of the victim’s fundamental
rights, through acts or omissions that are in violation of criminal laws and abuse of power.
This paper is, however, focused on the crime victim under the Thai criminal justice system, legislation
and assistance to the victim. In the past Thailand has not had victim compensation legislation or government
services formally provided for the victim of crime. The government programme worth mentioning is a law
providing for assistance to and the welfare of any person who is injured in the course of duty as a responsible
citizen, assisting authorities, government agencies, or performing other humanitarian acts. This legislationin its context and objectives should be classified as humanitarian law.
On the other hand, programmes initiated and provided by private or community organizations have many
forms. Delivery of services and assistance to victims mostly operates under a division of or part of the
project. The first victim assistance programme in Bangkok - the Rape Crisis Centre under the auspices of
the Population and Community Development Association (PCDA) was distinguished from others andsubsequently has been a model for other organizations.

A. Rape Crisis Centre (RCC)The Centre was established in October 1982 as a programme aimed at assisting victims of rape. The
PCDA has engaged in extensive activities since it inception in family planning and birth control services,
abortion and medical care related to population development projects. In this respect, the executives of theassociation have taken further steps to assist the victims of rape because they realized that offences against
sexuality were rising rapidly and forcible rape was a major problem.
Other serious sex offences were procuring, seducing or taking away in order to gratify the sexual desireof another person, through indecent acts, of women and children by using deceitful means, threats, violence,unjust influence or modes of coercion by other means. There have been a great number of offenders andvictims of the offence, especially seduction and coercion of women and children into prostitution.
Under the influence of women’s rights and gender equality guaranteed by the Constitution, the attitudeof the public towards rape has altered. The public has concentrated more attention on the rights of womenwhich has coincided with the increasing role of women in Thai society. It should be noted that a development
plan for women has become incorporated into the Fifth Social and Economic Development Plan, andsubsequent plans ever since. Furthermore, the feminist movement has organized and campaigned actively
for equal rights since the 1980’s (Friends of Women Magazine, 1983:83-86). In the past decades, studies andresearch on rape has enormously increased in the field of sociology, criminology and law. These werefocused on the traditional role of women rather than the feminist views. The approach found that theincidence of rape was related to victim involvement and more or less participation as demonstrated by theworks of many scholars, von Hentig, Mendelsohn, Schafer, Wolfgang and Amir, (Holmstrom and Burgess,* The studies on the victims of ordinary crimes have concentrated on the subject matter of victimology which had its roots inmany fields, such as, criminology, sociology, psychology, law, medicine and social work. These have flourished in their inquiry
into etiology, process and the cause of victimization. Earlier inquiry focused on individual victimization and subsequent studies
have been extended to cover social structure and societal reaction to the victim (Weis, 1978: 182-195).

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1978: 223-225). This view and attitude towards women and rape is changing. Researchers and advocates forvictims of rape are interested more in the new paradigm, namely the relation of social process and victims
and the victim’s experience and response. The public has often not responded to the victim’s plight andneeds, nor been sympathetic, but chosen to blame the victim; this response began to attract scholarly
criticism and given critical consideration. Women’s rights groups in Thailand have turned to this approachand begun to take the issue to the public (see, Fattah, Victimology, Past, Present and Future, Criminologie,
2000, vol. 33, No. 1).

B. Humanitarian and Charity Foundations
These organizations first operated by religious based groups to assist the poor and provide disaster relief
or alleviation of human and natural calamity. A Chinese Charity Foundation, Hua Kiew Poh Tek Tung basedin Bangkok has had a significant role since the 1950’s to assist the victims of road accidents and victims ofcrimes that extended to voluntarily assisting law enforcement agencies dealing with their daily heavy duties.
These are: identifying the victims of crime, such as, fingerprinting, photographing, collecting and searchingfor evidence, including transportation of the dead and injured to hospital for autopsy and medical care. Now,
there are hundreds of charity organizations performing this task following the model of the first andaforementioned foundation.
C. Council on Social Welfare of Thailand (CSWT)The Council was organized by the Department of Social Welfare in 1960. It has operated under the Royal
Patronage. This is an umbrella of other social welfare organizations in Thailand and also serves as acoordinating agency. The CSWT receives funding from the government as well as the public through charity,
such as, the public chest fund, foundations and donations. The activities are wide-ranging to cover all social
welfare and charity that is divided into four categories.
1.
2.
3.
4.

To provide services and assistance to the poor, unfortunate, handicapped, and inmates, etc.
To set up social development projects, such as, organizing community based programmes and social
work projects.
To organize training programmes, seminars, conferences and academic activities in social welfare.
To form and implement projects for the solution of social problems, such as, national security,
morals, education, economics, crime and corruption prevention, environment and health.

The services for the victims of crime are part of the work done under the Welfare for the Family andChildren Division. This activity is concentrated on the problem of seduction and coercion of women andchildren into prostitution. Most victims were brought from rural areas, especially the north and recently
from the neighbouring countries by means of promises of a better life, work in the cities, marriage andoutright seduction. The common characteristics of victims of seduction are the poor, those neglected bytheir family, uneducated or having cultural and educational deprivation. They are usually sold to prostitution
dens and tea houses in the cities and forced to provide sex services to customers. After having been rescued
or referred to CSWT, the welfare division provides assistance to the victims. The agency also coordinateswith the police to render support to victims in the following ways.
• To provide accommodation, a living allowance, and transportation to return home.
• To facilitate assistance through members of welfare organizations in the victim’s home province.
• To provide training and counselling services.
There were 2,867 non-governmental organizations registered with the CSWT (Statistics on Social andPublic Welfare, 2000). There were 51 state welfare institutions, out of 284, in the country dealing with theprotection of women and children. Of these 17 were protection centres providing shelters and services towomen.
In addition, the people eligible for social welfare and social works’ benefits are classified into groups asfollows:
1. Impoverished children and young persons;
2. Women: (i) needy persons; (ii) prostitutes; (iii) young women completing primary education without
further education.
3. Aged persons: (i) all those over 60 years; (ii) Indigent elders or without subsisting income.
4. Vagrants and beggars.
5. Handicapped persons: (i) all handicaps; (ii) registered handicaps.

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6. Hill Tribesmen.
7. Members of the state’s land reservation for settlement.
8. HIV and Aids patients.
9. People with chronic illness.
10. Poor families.

III. RESTITUTION FOR CRIME VICTIMS
Victim restitution has long been provided by the Criminal Procedure Code, or the victim has had analternative civil lawsuit to claim for damages under the wrongful acts in section 420 of the Civil andCommercial Code. The existing provisions of the CPC on victim restitution have provided the victim ofcrime a leeway to access justice by instituting civil proceedings or restitution in connection with criminal
prosecution. This, however, presents a number of difficulties in getting a remedy and payment from theoffender. The plight of the victim has remained under the system of criminal justice and depends on theability of the offender to pay. A remedy for grievances and damages was hardly ever achieved from thesystem. Indeed few victims are able to receive a reasonable claim for damages. The victim alone bears theburden of seeking payment from the offender without financial resources from the state.
Prior to 2002 Thailand did not have victim compensation legislation and a system that would cover injury
compensation for crime victims. However, the victims may access assistance from welfare programmes
offered by the state and private organizations to alleviate their suffering.
A criminal prosecution is instituted in the court by a public prosecutor or the injured person may file acivil suit in connection with the criminal case being tried in the said court. The trial of a civil case in thisconnection will proceed under the provisions of the Civil Procedure Code. The evidence given in thecriminal trial may be used in the civil case. Hence, the court in giving a civil case’s judgment will be boundby the facts as found in the criminal judgment. A criminal prosecution that entered the court by the statepublic prosecutor did not bar the right of the injured person to file a civil case against the offender.
It is noteworthy that the public prosecutor shall enter a civil case in connection with the criminal
prosecution limited to only nine property offences, but the victim can enter a civil lawsuit for every
offence against the offender. The victim may either enter the civil case in connection with the criminal
prosecution, or a separate civil case in the civil court (section 40, CCP).
Thai law does not prevent victims from exercising claims against an imprisoned offender. In reality,
victims rarely brought a restitution lawsuit against a prisoner.
Specifically, an injured person has the right to file a civil lawsuit under these requirements:(1) a crime has been committed;(2) the injured person has the right to claim restitution for wrongful acts;(3) the right to claim restitution in a civil case is connected with the offence.
However, there must be grounds from the criminal offence to civil claims.
Most claims given under (2) will be provided by article 438 of the Civil and Commercial Code whereby“the court shall determine the manner and the extent of restitution according to the circumstances andgravity of the wrongful act”. The reparation may include restitution for property loss and other damages
caused by the wrongful act.
In certain property crimes, the public prosecutor when he/she institutes the criminal prosecution, shallon behalf of the injured persons, apply for the recovery of the property or the value payable.
These offences are theft, snatching, robbery, gang-robbery, piracy, extortion, cheating and fraud, criminal
appropriation and receiving stolen property (section 43, CCP).
The claim in the said offences for restitution or value thereof may be brought by the prosecution eitherwith the criminal charge or by a motion filed at any time during the trial of the criminal case in the court offirst instance, section 44 of CCP.

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Under the standard of practice, in case of property crimes, the public prosecutor in filing the criminal
charge in court, shall claim for property loss or the damage thereof payable to the victim in every case. Incase an award is given by the judgment of the court, the victim has a duty to enter the execution of judgmentproceedings, under the Civil Procedure Code, by him/herself. This has put a considerable burden on thevictim to enforce the court’s judgment in a civil case.
The court, in pronouncing a judgment, shall give civil restitution in connection with the criminal trial aspart of the judgment in the criminal case.
For civil reparation, the trial will proceed in accordance with the provisions of the law relating to civil
liability and does not consider the outcome of the criminal trial. The reparation for the victim’s property islimited to its actual value and the amount of restitution will be determined by the court, according to theinjury suffered, but it must not exceed the amount of the claim. If the public prosecutor did not file civil
claims in connection with the offence in question, the court in rendering its judgment may order theproperty which has been illegally acquired or confiscated by the authorities to be returned to the owner.
In short, the criminal proceedings, by filing a civil claim in connection with the offence, made victim
restitution possible, though simple as it may seem, one must not be misled to think the legal measure will beadequate, let alone a part of a victim compensation programme.
It is widely acknowledged that most criminals are poor and in the lower socio-economic class. They are,therefore, not in a position to be able to repay their victims.
In Thailand, there was a correlation between the lower indigent class and crime. Case studies on inmatesconcerning economic status and crime revealed that 70 per cent of the serious criminal offenders were
unemployed, never worked, or had illegitimate occupations prior to committing crime.
It is evident that there were a number of restitution cases filed in the court. However, only a few victims
received payment for damages from the offenders.
In conclusion, there are a number of difficulties arising from instituting civil claims even though the law
has provided for extensive rights of the claimant and their dependents. Most victims do not enter a civil casethrough this channel. The cost of entering a civil lawsuit consists of the court fee at 2.5% of the principal
amount claimed, a lawyer’s service fee and other contingent expenditures. Unless the victim has applied bymotion to institute his case in “forma pauperis” and the fee is to be waived, he is required to demonstratethat his case is substantiated to pursue in court. Besides, the claimant has to bear expenses in the trial
proceedings, such as filing and service of pleadings and documents or the expenses for the witnesses. The
amount of the award of restitution is another question concerning a wrongful act case. The claimant has tosubmit evidence demonstrating his damages or loss incurred in the wrongful act. The court will determine
the damages and tangible loss at the discretion of the ruling judge in that case, provided under the principleof law, to an exact amount. There is no provision of law and principle on punitive damages.
If any fault on the part of the injured party has contributed in causing the injury, the obligation to award
the injured party and the amount of restitution will depend upon the circumstances and how far the party hascaused or been involved in the injury. This applies also, even if the fault of the injured party consisted of anomission to call the attention of the other party to the injury or an omission to avert or mitigate the injury.
There have been few victim restitution lawsuits in the civil court or restitution in connection withcriminal cases in the trial court. Therefore, very few victims of crime have been compensated, through thisavenue, for their loss and damages. Meanwhile, there has not been a legal aid programme for the victim andrestitution has never been the answer to the plight of the indigent and powerless victim.

IV. WITNESS PROTECTION
A. Introduction
The major aims of the victim and witness assistant programmes are given in three categories.
1. Provide services to victims and witnesses who need aid or crisis counselling, medical care, therapy

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2.
3.

and legal assistance. The programmes may refer clients to other agencies, such as welfare andrehabilitation centres.
Assist the victim and witness in the course of criminal proceedings in order to save time and costs ofthe client, such as accompanying the victim and witness to appear in court.
Protect the victim and witness from intimidation and encourage them to report the crime and testify
in court. The victim and witness who are reluctant and unwilling to appear in court causes
widespread problems for the police and public prosecutors in carrying out their work.

Currently, certain programmes have been implemented by state agencies and services provided by stateand non-governmental organizations.

B. Special Provisions in the Revised Criminal Procedure Dealing with Persons under Eighteen Yearsof AgeOne of the directive principles of the state’s fundamental policy provides, “the state shall protect anddevelop children, youth, promote equality between women and men, and create, reinforce and develop family
integrity and the strength of communities”.
A recent development in the criminal justice system in protecting persons under 18 years of age has
been implemented in conformity with the Constitution and UN Convention on the Rights of the Child. The
persons in the age group are given extraordinary protection in the investigation and trial phases.
1.
2.

A multidisciplinary team approach consisting of an inquiry police officer; public prosecutor,
psychologist or social worker shall participate in handling the case.
An interagency approach consisting of coordination and cooperation shall gather evidence, conduct
interviews and render welfare services and assistance.

The significant amendments of several provisions of the criminal procedural law on investigation,prosecution and trial are applicable to victims, witnesses, and juvenile offenders, as provided throughout thecriminal justice process. Investigation and trial in the case of victims, witnesses and juvenile offenders are
required by law.
1.
2.

3.
4.

The criminal justice process commences with investigation; pre-trial hearing and trial shall consist ofa psychologist or social worker, as provided by law on the specified qualification of such persons.
In an offence punishable with over three years, or less than three years imprisonment and the victim
or witness is a child under eighteen who has requested the presence of an acquaintance. If the caseinvolves the assault of a child, the interrogation of the victim or witness shall be made in an
appropriate place for a child. The psychologist, or social worker, or the person requested to bepresent by the victim shall attend the inquiry. Documents drawn up by the inquiry official shall be
made, in addition to notes of the proceedings, by picture and voice recordings (usually video camera)that may be transmitted continually as evidence in the trial phase.
Police officers are required to provide appropriate protection and facilities for the child victim or
witness to identify the offender. The public prosecutor, psychologist or social worker together with aperson requested by the victim/witness shall have to attend the inquiry proceeding.
In taking evidence in the court of justice, the witness under eighteen years shall be protected, if thejudge sees fit: (a) he shall interview the witness himself on issues of law and of fact during thetestimony or may communicate through a psychologist or social worker; (b) shall allow the parties toquestion, examine, cross-examine or re-examine through the psychologist or social worker.

This practice has become effective all over the country since August 2000.

C. Witness Protection Legislation
The Witness Protection Act of 2003 is derived from the guiding principle of the Constitution. The
provision safeguards the right of the witness who is entrusted with the duty to serve justice. The witness
shall be treated with decency, and receive the required and appropriate compensation from the state.
“In a criminal case, a witness has the right to protection, proper treatment and necessary and appropriate
remuneration from the State as provided by law” (section 244).

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The Witness Protection Act is divided into 6 chapters:
(1)
(2)
(3)
(4)
(5)

general measures for witness protection;
special measures for witness protection;
office of witness protection and proceedings;
compensation and expenses payable to the witness;
appeal and penalties.

The Act provides only for protection of witnesses in a criminal case. The Act defines witness as, “aperson who shall give a testimony or fact to the competent criminal inquiry official, the authorized criminal
investigator, authorized prosecutor or the court entrusted with conducting criminal proceedings, including
expert witness, but not including the accused who may testify as a witness” (section 3).
The protection of a witness in this Act is rather focused merely on financial support, providing a security
guard, safe accommodation and concealing the witness’s identity, however, with the consent of the witness.
Therefore, protection in this regard is safety of life, body, health, liberty, reputation, property or any right of,
before or after being, the witness. The witness enjoys the rights given under this Act without prejudice toother entitlements.
The competent criminal inquiry, authorized criminal investigator, authorized prosecutor, the court or
Office of Witness Protection may provide protection if it thinks the witness needs safeguarding. The
protection of the witness is currently under the responsibility of the National Police Agency (NPA),
Department of Special Investigation (DSI), and other agencies entrusted with the duty. For example, if thewitness is an inmate the prison authority is responsible for his/her protection.
In 2004-2005, the Office of Witness Protection, Department of Rights and Liberties Protection provided
protection for 44 witnesses under the general measure in cooperation with the DSI. Most witnesses areprotected by the police that have jurisdiction throughout the country. SDI is responsible for protection of
witnesses under its legal jurisdiction and duty. The Narcotics Control Board is responsible for protection of
witnesses under its drug laws and enforcement.

D. General Measure
The General Measure is provided for the witness in an ordinary criminal case. Usually the process starts
with a request made to (1) the inquiry officer, (2) investigating officer, (3) public prosecutor, (4) court, or (5)Office of Witness Protection. Each agency may provide protection if the witness is at risk or refers to thepolice or other authorized officer to provide protection as the case may be. The measure includes (1)provision of witness’s residence under guard, (2) provision of safe accommodation, or (3) concealing theinformation on the identification of the witness. The protection under the General Measure is provided for aperiod of time governed by regulation promulgated by each responsible agency.
E. Special Measure
The Special Measure is provided for witness protection under these conditions.
1. Criminal offences relating to drug laws, Money Laundering Control Law, Counter Corruption Law or
Customs Law.
2. Criminal offences relating to national security laws under the Criminal Code.
3. Criminal offences relating to sexuality under the Criminal Code, for offences relating tocommercialized sex, seduction for indecent acts to gratify other’s sexual desire and taking awaychildren and young persons, or an offence under the prevention and suppression of prostitution, or
being the owner of or taking care, or managing an activity or whorehouse.
4. Criminal offences relating to organized crime, a member of a secret society and criminal association
under the Criminal Code, including other offences committed by criminal groups with a systematicplan and having a network, or organization.
5. Criminal offences punishable with imprisonment for a minimum of ten years or over.
6. Criminal offences that the Office of Witness Protection thinks reasonable.
The Special Measure process starts with a request made to the official in any agency provided for the
General Measure protection. The official, however, has to make a request to the Minister of Justice or theauthorized person to make a decision for an approval or not. If not the witness may appeal the decision to the13

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court of first instance, or military court that has jurisdiction to try the said case, or the court in the domicileof the witness. The appeal has to be lodged within 30 days as from the date of notice. The court has to hear
the case in camera within 30 days, if necessary the court may extend the time for a reasonable period. The
judgment of the court whether or not the protection shall be provided to the witness is final.

F. Discussion
Witness protection and victim assistance in a criminal justice system that deal with serious criminal
offences, namely, economic crimes, corruption, organized crime and terrorism are crucial for crime control.
The confidence of the victim and witness in their safety is a major difficulty for the witness’s cooperation
with law enforcement officials. The new legislation is undertaken by criminal justice agencies, such as, theNational Police Agency, Department of Special Investigation, Office of the Narcotic Control Board, Office ofthe Money Laundering Control Board and Office of the Witness Protection (OWP) and Department of Rights
and Liberties.
The OWP has dual responsibilities in co-ordination and operation. However, the office has not had its own
force to carry out the task, it has to refer the case and rely on other agencies. The protection of witnesses iscurrently operating under the Witness Protection Act that authorized agencies to enact rules and regulations
to perform their different duties. These agencies perform their duties provided by laws that specify
authorities and jurisdictions of the agency in dealing with criminal activities. The witness protection mayvary according to each agency’s standards, methods and services.
The victim and witness may encounter different problems ranging from intrusion on privacy, harassment,
intimidation and threat of life. The need for protection is, therefore, varied on a case by case basis.
In addition, certain legislation is needed to strengthen the witness protection system. Criminalization of
obstruction of justice is a crucial measure in prevention and control of serious offences. The offence ispunishable for an act that interferes with the performance of public officers in doing justice. It also includes
acts that obstruct the cooperation, testimony, or the production of evidence in criminal proceedings. In
comparing legal measures dealing with obstruction of justice in the Thai laws, they are scattered in several
provisions of the Criminal Code and other statutes. These offences may have to be revised and reformed forcoherence and unity in dealing with a wide range of the problem. There are shortcomings with certain
offences, such as, the crime on promise, offering or giving an undue advantage to induce false testimony or
the production of evidence. These problems always encounter efficiency in investigation and prosecution of
influential offenders.

V. RESTORATIVE JUSTICE IN THAILAND
A. Introduction
This part deals with restorative justice in the Thai social and cultural settings based on indigenous law
and innovative conciliation, mediation and dispute resolution. These informal justice alternatives have been
widely used for a long time in the Thai social setting for social harmony in the rural as well as urban
communities. Personal relations and close knit social solidarity play a significant role in crime prevention,
dispute resolution and social order. Restorative justice in the modern paradigm is relatively new in Thailand
and was introduced under the United Nations Basic Principles on the Use of Restorative Justice
Programmes in Criminal Matters a recent approach to solving crime and punishment. The restorative model
is different from the justice or just deserts models. The origin of the restorative model developed on therestitution and community service sentence in the 1970’s sometimes was dubbed the rehabilitative model.
The philosophical attribution of a restorative programme is restoration and reparation for the victim.
Restorative justice has similarities and overlaps with the peacekeeping model. The approach between these
two models is consistent with the ethics of care and accountability of the offender that emphasize needs
rather than retribution. There are certain important questions on the meaning and impact of restorative
justice to the offender. The integration of the offender into the community is one thing and reintegration
without stigma, banishment, or exclusion is another (Pollock, 1998). The method and principle of restorative
justice envisaged in recent literature are sound and promising to resolve human conflict and antagonism.
B. Genesis of Restorative JusticeThe dispute settlement in a given society whether informal, community or restorative justice may traceback to customary law, tradition and practice in social and cultural settings in that society. The practices have
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been drawn from ancient concepts in western as well as eastern societies. At the time a formal justicesystem emerged and the system began to define the status of offenders under the sanction of the state. The
offender has an obligation to the state rather than the victim. The victim’s status is relegated to an assistingrole of a witness or a bystander. Modern restorative justice emerged in innovative programmes developed inseveral countries in the 1970’s and 1980’s (see Van Ness, 2000). The programmes reported and often citedhave been offender-victim mediation, pre-sentence, sentencing and restitution. As Van Ness pointed out inthe past 20 years, “restorative justice has become an influential movement in many countries and has been
spreading into application in every stage of criminal justice administration”.
Tony Marshall, a British Criminologist, defines restorative justice as “a process whereby all the parties
with a stake in a particular offence come together to resolve it collectively, how to deal with the aftermath ofthe offence and its implications for the future.” This procedural definition may not settle all issues andquestions on restorative justice, but it is helpful as a point of departure to understanding and further
discussion. An elaboration by Susan Sharp, a Canadian scholar, has shed light on five key principles ofrestorative justice as follows, (Van Ness, p.3).
1.
2.
3.
4.
5.

To give full participation and consensus between the parties.
To try settling differences and heal the broken ties and relations.
To find full responsibility and direct accountability.
To reunite the divided and broken social order in the community.
To strengthen the solidarity in the community to prevent additional harms.

The Basic Principles on the use of Restorative Justice Programmes in Criminal Matters defines therestorative process as any process in which the victim, the offender and/or any other individuals orcommunity members affected by a crime actively participate together in the resolution of matters arisingfrom the crime, often with the help of a fair and impartial third party.
Examples of restorative justice include mediation, conferencing and sentencing circles. Under the basic
principles, restorative justice programmes are encouraged at all stages of the criminal justice process. Allprocesses should be voluntary and the parties themselves should reach for agreement with reasonable andproportionate obligation. While the restorative process that safeguards the right of parties engaged in thecase, the agreement reached or outcome is recognized and binds the parties similar to judicial discharge.
However, failure in the restorative process and mediation leads to referral back to the formal process forsettlement.
The operation of restorative justice programmes should be established by legislation with standards andguidelines. These are referral, handling, and qualification of personnel, administration and ethical rules
governing the operation of restorative justice.
The values and assumptions of restorative justice emphasize the victim’s needs, involvement and rights
and role in the restorative process. The emergence of the victim rights movement has been based on thereaction to the law and the unrecognized status of the victim in the criminal justice system.
However, restorative justice is not a victim’s rights approach (Bazemore and Umbreit, 1996). The
proponents of restorative justice promote a victim-centred approach that does not necessarily require thecriminal justice policy makers, or administrators to take sides between the victim and offender. Rather the
new paradigm emphasizes the victim’s needs and the offender is held accountable to the victim. The casevalue in restorative justice, as pointed out by advocates, is to balance the needs of the offender, victim andcommunity as parties of the criminal justice system.
Restorative justice as a community based mediation programme as well as alternative dispute resolutionis less formal and less expensive than arbitration and litigation.
Mediation is a process in which a neutral third-party is called upon by the parties to a dispute to help
them resolve that dispute (American Bar Association, 1987).
The mediator shall act as facilitator, neutral and detached; he may see and recommend possible

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resolutions that the parties may not consider. The mediator does not give a ruling. The mediation process isnegotiation that involves a neutral facilitator to seek voluntary and amicably dispute resolution.

C. Criminal Mediation in Thailand
Alternative measures were considered for formal criminal justice administration in dealing with crime
and the offender. In July 10, 2001, the Resolution of the Council of Ministers was passed to support the useof alternative measures to substitute the normal criminal justice proceedings, especially an alternative tosettle criminal cases in the formal criminal court. Most measures are similar to United Nations Standard
Minimum Rules for Non-custodial Measures (The Tokyo Rules), 1990. The measures, among others, aresuspended prosecution, dispute reconciliation, applying restorative justice to probation works, children andjuvenile offenders, community services and justice as an alternative to detention.
The criminal justice system as a whole is blamed for neglecting the victim, or the victim has an
insignificant role in the justice administration and process. Although, the victim is entitled to institute aprosecution of the offender on his/her own without restriction, or approval by the state. However, a small
number of victims seek their own justice in the courts. Most find recourse in the formal system by lodging
their complaint with the police. They subsequently act as witnesses or assistants of the authority in the
judicial discharge of their cases.
The Thai legal system has adopted the civil law tradition of Western Europe and is also influenced by the
English law and legal education. In fact, the Thai social setting has been rooted in agriculture and an agrarian
way of life since the past century. Social and economic development, especially, urbanization, migration andindustrialization have transformed the society into modernization. However, several development plans havesucceeded in industrialization and urbanization, but rural developments were left further behind.
In an agrarian society, the people are interdependent and depend on their relatives and kinship. Buddhism
has played a significant role in their way of life, beliefs, customs and social values. The ruler in the old days
adopted a patronage approach to govern at all levels: village, community (Tambon), district, province and thecentral government. The governors, especially in the province, have paid more attention to the collective
well being and feeling of the people as well as peacekeeping in the community. (In the old days, the victim
had to lodge his/her complaint to the governor and may institute his/her own criminal prosecution.)
Currently, this legacy is adopted in a dual criminal prosecution under the Criminal Procedure Code, section
28. The public prosecutor, with exceptions for certain offences, and the victim (injured person) are entitled
to institute criminal charges. (The continental European as well as English laws have influenced the Thaicriminal procedural law). In addition, the public prosecutor and the victim may mutually be involved andcooperate in the prosecution of the offender as joint partners. An alternative to criminal prosecution may
resolve under a formal and informal justice process.

D. Criminal Mediation and Settlement under the Criminal Procedural Law
In certain criminal law offences, usually lesser, non-aggravating, or compoundable offences, the victim
and offender are entitled to settle their own disputes, or resolve them under the mediation of the inquiry
police officer, or judicial authorities at any stage of the criminal justice process. The victim and offenderusually negotiate for settlement under the supervision of facilitators or legal officers together withrestitution payable to the victim.
E. Community-Based Mediation for Dispute Settlement
The Local Administration Act of 1914 and the Administration of Village Volunteer Defence andDevelopment Act of 1979 have provided for conciliation and mediation as alternative dispute resolution bothin civil and criminal matters. The laws have entrusted the power and authority to village-based mediationcommittees and village volunteers for a defence and development committee to settle disputes in all civil
cases and certain criminal offences within the village by means of conciliation and mediation. The method
and procedure of mediation are specified by the regulations of the Ministry of Interior. For criminal
mediation and settlement, the offences are restricted to compoundable offences (private wrongs) provided
by the criminal code. The village dispute settlement project is under the administration of the Ministry ofInterior and undertaken by the office of the Attorney General. The project has as its main objective theenhancement of community justice, equality and the eradication of exploitation in the rural communities.
The project is first implemented by dissemination of legal literacy and legal aid programmes, including thedevelopment of people organization in the village to settle their own disputes by means of conciliation andmediation.
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Currently, the office of provincial public prosecution and the village mediation committee are taking more
responsibility for dispute settlement in the villages and communities. The project has been implemented incoordination with the Chief of the District that oversaw the village as shown below. A Province consists of anumber of administrative districts. A District is divided into Tambons (community) and a Tambon is divided
into Villages, the smallest local unit. The Governor and Chief District Officer are government officials
appointed by the Ministry of Interior. The people in the community elect the head of a Tambon, or Village as
their leader and he/she represents the government. Therefore, the head of the Tambon/Village is an official
under the supervision of the District Chief.

Organization of Government, Central, Regional, Province, District, Tambon
and Village and the Number of Organizations as of 2001
Central Government
Ministry (20)Regional (9)Province (76), and Provincial Administration (76)District (795), Sub-District (81)
Tambon (7,255), and 214 Tambon Councils (6,745)
Village (71,864)
Municipality (1,129)
Municipal Administration, City (20), Town (84), Tambon (1,025), including two special
local administrative areas: Bangkok and Pattaya
Source: Statistics on Local Administration, Department of Local Administration, Ministry of Interior,
November 30, 2001. The figures in the brackets are the number of the respective organizations. (Population
61,878,746; Male 30,725,016, Female 31,153,730).
The guidelines and standards of local dispute resolution are provided under the local administration laws
and the Ministerial Regulation issued in 1987.
The local Administration department (LAD), Ministry of Interior is jointly responsible with the office of
the Attorney General and the National Police Agency in the administration of local dispute settlement. The
LAD takes a principal role with the assistance of the public prosecutor and the police. The village mediationcommittee (VMC) takes the initiative in dispute settlement only for civil and compoundable criminal
offences.
The dispute settlement undertaken by the VMC first asks for the voluntary consent of the parties. The
process of dispute resolution takes the following steps:(1) The parties who wish to settle their dispute inform the head of the village.
(2) The head of the village first has a duty to make a preliminary investigation as to whether the case iseligible to be pursued in the VMC and give notice to the parties and the venue of settlement.
(3) The VMC appoints at least two members to hear the case, or may invite other suitable persons totake part in the process as they see fit.
(4) The head of the village makes an appointment with the VMC to convene the process without delay.
(5) The VMC are entitled to summon any person concerned with the dispute to answer questions or if
necessary inspect the evidence.
(6) The mediation process is conducted in the presence of the parties at the office of the head of thevillage, or other place as specified by the VMC.
(7) The mediation process must be consistent with law or local custom and fairness to the parties.
(8) In case of difficulty, the VMC members may invite the chief district officer, deputy chief, or a police
officer that has legal knowledge and/or a public prosecutor to advise members of the VMC.
(9) The mediation proceedings are recorded as follows.
a) In case of disagreement, the VMC must stop the mediation process and inform the parties, thenrefer the case to the chief district officer for perusal.
b) In case of reconciliation, the VMC makes a compromise agreement with four identical copies
according to the requirements of the civil or criminal case. The committee is required to readand explain the essence of the agreement to be clearly understood by the parties. The parties
hereunto sign their names and keep one copy each. One copy is kept at the Head of the village’s

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c)office and another forwarded to the office of the district. The agreement arising out of themediation process is used as evidence in the court of justice.
In case of failure, the parties are entitled to submit their case to be heard by the district office,or to proceed in the criminal justice process.

There were only 25 criminal and eight civil cases reported by the Office of Civil Rights Protection and
Legal Aid Division, Office of the Attorney General, between October 1988 to September 1999. The village
mediation committee settled only half of these cases. The other pilot project carried out in nine provinces by
the volunteer community mediation programme of the Judicial Affairs Bureau, Ministry of Justice showedthat there were 1,115 civil and cases settled by means of mediation out of 1,234.

F. Discussion
The village mediation-based project carried out in the rural community is rather limited in scope,jurisdiction and offences provided by the criminal law, criminal procedure and regulation. The project utilized
in selected villages and communities as alternative dispute resolution was under reported or not reported atall. This may be attributed to the low priority given to it and shortage of funding in the village and thecommunity administration. Other reasons are lack of support, training and consistent policy on the project.
In the past, the local administration department has established innovative mediation projects, such as avillage tribunal to resolve minor disputes in selected provinces as an experiment. Meanwhile theexperimental programme has not continually been implemented nor set up in the provinces. Other pilot
projects and practices were scattered in the family and juvenile court, probation and correction services that
addressed diversion and community service. Recently, the government has submitted the firstcomprehensive state sponsored victim compensation programme to the National Assembly for promulgation.
There has not been a comprehensive restorative justice project aimed at or modeled for an entire
criminal justice system. A trained facilitator/mediator is sorely needed to carry out the work at every stageof the criminal justice system.
Finally, integration of the offender into society has to involve members of his/her family, victim and thecommunity. The public and private organizations shall have to take responsibility for monitoring the offenderfor compliance with probation orders, or the given condition and facilitating the victim into the community.

VI. VICTIM COMPENSATION AND RESTITUTION FOR THE ACCUSEDUNDER THE NEW LEGISLATION
A. Introduction
The Constitution has protection provisions for both the crime victim and the accused in case of
miscarriage of justice and an abuse of power. Victim compensation and restitution for the accused in thecriminal justice system have been promulgated and enforced since 2002. The United Nations Declaration of
Basic Principles of Justice for Victims of Crime and the Abuse of Power is hereby highlighted as follows.
1. Compensation
When compensation is not fully available from the offender or other sources, states should endeavour toprovide financial compensation to:(a) victims who have sustained significant bodily injury or impairment to physical or mental health as aresult of serious crime;(b) the family, in particular dependants of persons who have died or become physically or mentally
incapacitated because of such victimization.
2. Victims of Abuse of Power
States should consider incorporating into the national law norms proscribing abuses of power andproviding remedies to victims of such abuses. In particular, such remedies should include restitution and/or
compensation, and social assistance and support.
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In a criminal case, an injured person is entitled to the protection, proper treatment and appropriatecompensation from the State as provided by law (section 245 of the Constitution).
In case where any person suffers an injury to their life, body or mind as a consequence of the commissionof an offence by another person without the injured person participating in such commission of the offence
and the person cannot seek a remedy by other means, such person or his or her heir is entitled to receive
assistance from the State, upon the conditions and in the manner provided by law (section 245).
(3) Any person who has become an accused in a criminal case and has been detained during the trial shall,
if it appears from the final judgment in that case that the accused did not commit the offence, or the act of
the accused does not constitute an offence, be entitled to appropriate compensation, expenses, including therecovery of any right lost, on account of that incident, upon the conditions and in the manner provided by law(section 246).
In 1997, the government approved the bill on Crime Victim Compensation and Restitution for the
Accused that was proposed by the then Judicial Affairs Office, Ministry of Justice. The National Assembly
finally passed the law and it came into effect on November 12, 2001. The structure and the essence of the
Act are summarized as follows.

B. Victim Compensation and Restitution Board (VCR)
The VCR board for victims of crime and restitution for the accused, in case of abuse of power is createdby law to run the programme.
The Permanent Secretary of the Ministry of Justice is Chairman of the Board. Other members consist ofrepresentatives of the National Police Agency, Office of Judicial Administration, Office of the Attorney
General, Ministry of Finance, Department of Local Administration, Probation Department, the Judge
Advocate General’s Department, Department of Correction, Department of Welfare and Labour Protection,Council for Lawyers and five experts at least each in the field of medicine, social welfare, and human rights
to be appointed by the Council of Ministers with the recommendation of the Minister of Justice. The
Chairman of the Board must appoint an official of the Ministry of Justice as secretary and may appoint an
assistant secretary.
The Board may appoint a sub-committee to deliberate or act on behalf of it as the Board may see fit. At
present there are ten sub-committees appointed to consider applications for victim compensation andrestitution for the accused.
1. Powers and Duties of the Board
The Board is entrusted with the powers and duties as follows:(i) to consider an application for compensation, restitution, or benefits under this Act;(ii) to make a recommendation to the Minister concerning the measures protecting the rights of thevictim and the rights of the accused, including to enact Ministerial Regulations and Proclamations
provided under the Act;(iii) to make a written inquiry into or summon any person to give testimony or deliver documents orother necessary things for deliberation;(iv) perform any other matters under the objects of the Act.
2. Office for Financial Assistance to the Victim and the Accused (OFA)
The office is an agency established under the Department of Rights and Liberties Protection, Ministry ofJustice and entrusted with powers and duties in the following.
(i) to carry out works designated by the Board and sub-committees appointed under the Act;(ii) to receive an application for compensation, restitution or benefits and make a recommendation to theBoard and sub-committees for deliberation;(iii) to coordinate with other government agencies, or any person for investigating the fact or opinion
concerning an application for compensation, restitution or benefits;(iv) to keep records, compile and analyze data concerning delivery of compensation, restitution or
benefits;(v) to perform other activities entrusted by the Minister, the Board or sub-committees.

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C. Scope of Coverage
The Act creates a state compensation programme for crime victims as well as restitution for accused
persons who suffer personal injury from abuse of power or miscarriage of justice.
The compensation is defined as remuneration for the victim of crime and the restitution is for theaccused, including benefits given to the victim and the accused.
The compensation or restitution for the victim of crime and the accused is governed by:(i) An Act relating to Victim Compensation, Restitution and Benefits of the Accused B.E. 2544 (2001).
(ii) Ministerial Regulation on Standards, Methods and Rates for Compensation, Restitution and Benefits,
B.E. 2546 (2003).
(iii) Regulation of the Compensation and Restitution for the Accused Board on the Application andProcedure for Compensation, Restitution and Benefits, B.E. 2545 (2002).
The victim who is entitled to receive compensation under the Act shall be injured persons in sections 3
and 17 of the Act.
(i) An injury is restricted to life and body, including physically or mentally.
(ii) The injury has occurred by the other person whereby the victim was not involved in the offence.
(iii) The offences committed by the other are those provided under the Act.
1. Compensation for Crime Victims
The compensation for crime victims is provided under: (1) the expenses necessary for medical care,including physical and mental rehabilitation; (2) compensation for the victim’s death, (at the amount notexceeding 100,000 Baht); (3) loss of earnings; (4) compensation for other loss incurred under the discretionof the Board.
The standard, method and rates shall be specified by Ministerial Regulation. The VCR board, however,
may award compensation in any item or items given under the regulation, by its own deliberation subject tocircumstances, seriousness, nature of loss and other sources of compensation (social welfare programmes,
social security, workmen’s compensation, insurance and other competing sources). The Board has discretion
to award financial assistance based on the gravity of an offence and victim’s injury or death (see Figure 1).
However, there shall be a broad payment benefits schedule as guidelines for deliberation.
The victim may enter an application for compensation under these conditions. The offence committed
against the victim is specified by the schedule attached with the Act, or an offence committed by a state
official in connection with the course of his/her duty and the victim is dead or physically or mentally injured.

(i) Decisions of the Board on Victim Compensationa) Case 1 No 194/ 2005 (Awarded)
A woman, the victim, was a passenger in a public bus that collided with a car. She was seriously
injured in the accident on April 6, 2004. The board had a meeting on March 24, 2005 and ruledthat the victim had applied for compensation: (1) within the legal period; (2) the victim is an
injured person under section 3 of the Act. The victim was entitled to receive compensation forloss of earnings for 365 days, at a rate of 142 Baht per day, for a total amount of 51,830 Baht.
The decision is payable under section 18 (3), including Ministerial Regulation on Standards,
Methods and Rates, B.E. 2546 No. 3 (3).
In case the applicant disagrees with the decision of the board, she is entitled to petition the
court of Appeal within thirty days as from the date of receiving the notice.
b)

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Case 2 No. 214/2005 (Denied)A man, the dead victim, was riding a motorcycle and collided with another motorcycle and diedin the accident on July 31, 2004. The board has considered the application made by his successor
and unanimously ruled that the victim rode the motorcycle negligently at high speed and had an
accident. The board dismissed the case because he was involved in the offence. Therefore, thevictim was not entitled to receive compensation. The applicant is entitled to petition the court ofappeal within thirty days.

131ST INTERNATIONAL TRAINING COURSE
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Victim Compensation
Civil Case No. 11875/2003 (Partially Reversed Decision of the Board).
The applicants, Mr. Suchin and Mrs. Malee Thongkam, filed an appeal against the decision of the Victim
Compensation and Restitution of the Accused Board, as successors of the girl, Miss Wasana Thongkam,
their daughter who was shot and killed by a gunman. The Board awarded compensation for the dead girl in
the amount of Baht 40,000 and funeral expenses at Baht 20,000. The award was not justified because theamount was too low and did not take into consideration the loss of support to the applicants.
The Appeal Court ruled that the award given to the applicants was too low considering the gravity of theoffence and circumstances of the case. The applicants have suffered mental anguish on the loss of theirdaughter, a student in grade 9, who has a duty to take care of her parents. The mother has mental trauma
and must be admitted to the Mental Health Hospital for treatment. The Appeal Court concurred partiallywith the applicants’ appeal. The Court, therefore, has given the award as follows: (1) compensation at Baht
70,000; (2) funeral service at the given amount; and (3) loss of support at Baht 30,000. The total amountawarded Baht 120,000.
2. Restitution for the Accused Person
The accused who is entitled to receive restitution and benefits under this Act shall be a person who ischarged for an offence in court and consists of these elements:(i) he/she is charged by the public prosecutor;(ii) he/she is detained pending trial;(iii) he/she is subsequently dismissed as innocent or discharged pending trial; or there is a final judgmentthat the accused is not guilty, or an act of the accused is not a crime.
When the court pronounces a final judgment to reverse or dismiss the case because the accused is deador the public prosecutor withdraws the case with the court’s permission and the fact appears that theaccused is not criminally liable to, or mistakenly charged or adjudicated whether with an intention or
negligence by any competent state official in the criminal justice system, or rather he/she is a victim in theadministration of criminal justice.
The VCR board, under certain circumstances, thinks it is proper that restitution should be awarded to theaccused. If the accused is imprisoned, a daily restitution award shall be equivalent to the amount ofconfinement in lieu of a fine per day, as specified under the criminal code (see Appendix, Figure 2). Medical
expenses are provided, including rehabilitation, if illness has occurred directly, as a result of the criminal
charge or confinement.
The restitution awarded shall not exceed 100,000 Baht, in case the accused person is dead and the deathoccurred directly as a result of the criminal charge. A loss of earnings pending the trial shall also be awarded,
including expenses for criminal defence under the schedule provided for attorney fees (see Appendix,
Figure 3).
Other damages payable may be awarded at the discretion of the Board, but not exceeding Baht 30,000.
The Board, however, may award restitution only for an item or items specified under the law with its own
deliberation, subject to suffering and other collateral sources of restitution, for example, the Act relating to
the liability of government officials on wrongful acts, or abuse of power 1996, social security law and othercompeting sources (see Appendix, Figure 2).

(i) Decision of the Board on Restitution for the Accuseda) Case 1 No 83/2005 (Awarded)
The Accused has filed for restitution and benefits at the Office for Victim Compensation andRestitution for the Accused and Benefits. He was an accused in the forcible rape case and after
the trial, Trad Provincial Court dismissed the prosecution case on April 4, 2003. There was nofurther appeal by the parties, the case was final.
1. In this case the applicant applied for restitution within the legal period.

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RESOURCE MATERIAL SERIES No.70

2.

1.
2.

The accused was a defendant who was prosecuted by the public prosecutor and was incustody pending trial under section 20 paragraph (1) and (2) together with the final
judgment of the Trad Provincial Court whereby the fact was conclusive that the defendant
was not guilty under section 20 paragraph one (3) of the Act of B.E. 2544 (2001).
By virtue of section 8 (1) of the Act, the Board decided that restitution shall be awarded tothe accused as follows:
Restitution was given for being kept in custody 416 days, at a rate of 200 Baht per day, total
amount of 83,200 Baht under section 21 (1) of the Act, including section 30 paragraph one of
the Criminal Code.
Benefit was given for loss of earnings while in detention for 416 days, a rate at 200 Baht perday, total amount of 83,200 Baht, under section 21 (4) of the Act together with Ministerial
Regulation on Standard, Method and Rate B.E. 2546, No 6 (3).
The total amount of restitution was 166,400 Baht. In case the applicant disagrees with thedecision of the board, he has a right to petition to the court of appeal within thirty days.

b)

Case 2 No 89/2005 (Denied)The accused, a woman, was prosecuted by the Public Prosecutor in Pitsanuloke Provincial Court
for committing a narcotic drug offence. Consequently, the Court dismissed the case on July
2004. There were no further appeals by the party, the case was final. The Board heard the caseand ruled on March 24, 2005 that (1) the applicant filed for restitution within the legal period, (2)the accused person was charged by the public prosecutor and kept in custody pending trial
under section 20 paragraph one (1) and (2).
However, the final judgment of the Court was that they did not find conclusively that theaccused was not guilty. “It did not appear from the final judgment in this case that the accused
did not commit the offence, or the act of the accused did not constitute an offence.” The court
dismissed the case on the ground of doubt.
The case was not applicable to the provision under section 20, paragraph (3) of the Act. The
Board, therefore, dismissed the application of the accused. The accused has the right to file anappeal to the court of appeal within thirty days.

(ii) Judgment of the Court of Appeal
Restitution for the Accused
Civil Case No. 6037/2004 (Affirmed Decision of the Board)
The applicant filed a petition to the Court of Appeal for restitution because the VCR Board paid theaccused an insufficient amount. The fact is that the police accused the applicant of committing a drug
offence and arrested the applicant and the public prosecutor charged him in Srisaket Provincial
Court. The Court dismissed the case on the ground that the applicant was not guilty and the Court ofAppeal, Region 3 affirmed the judgment of the lower court. The applicant was detained pending
criminal proceedings in the court of first instance and the court of appeal for 438 days. The VCR
Board made a unanimous decision to award the applicant Baht 200 per day for (1) the deprivation ofliberty in detention Baht 87,600; (2) loss of earnings of Baht 150 per day, total Baht 65,700; (3)lawyer’s fee Baht 30,000. The total amount paid was Baht 183,000.
The applicant requested the Court of Appeal to consider awarding him as follows: (1) loss of earningof Baht 500 per day, total Baht 219,000; (2) loss of support for his son at Baht 100,000, (His son
suffered a mental deficiency because the applicant was absent. He gave additional facts that his wifeleft the family to marry a new man and, as a result, abandoned his son.); (3) physical and mental
rehabilitation for himself at Baht 200,000. The total restitution amount claimed was Baht 519,000.
The Court of Appeal denied the applicant’s appeal on these grounds.
1. The applicant’s son suffered mental illness due to addiction to a solvent substance for six years
as evidence shown by the Mental Health Hospital’s record in Unbon Rajathani Province.
2. The applicant’s claim for loss of earnings of at least Baht 500 per day was not supported withevidence to verify that he had regular work nor income from any work to justify his claim. In

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131ST INTERNATIONAL TRAINING COURSE
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addition, he did not complete any level of education, or have competency, or skill to demandsuch a wage.
3. An Assistance Application for the Victim and the Accused
The protocol of assistance to the victim and the accused is divided into eight steps.
(i) Filing an application form.
(ii) An investigation and recommendation by the competent official.
(iii) Submitting the case to the sub-committee for deliberation.
(iv) Presenting the case to the board for decision.
(v) Informing the applicant of the decision of the board.
(vi) Right to appeal to the appellate court.
(vii) Disbursement of compensation or restitution.
(viii) Keeping the record.
The process from (i) to (vii) takes a maximum of 120 days. In some cases this period may take longer due
to the difficulty of investigation and shortcomings of evidence.
4. Application for Compensation, or Restitution, Deliberation and Appeal
An application for compensation, restitution or benefits under the Act must be filed in writing to theoffice (OFA) within one year as from the day the victim knew the offence had been committed. For theaccused, the criminal charges against him/her have to become final.
However, the applicant who has domicile in a province may enter his claim in any office of the Ministry ofJustice in the province, namely, Probation Office, Office of the Legal Execution of Judgment or Office ofCorrection Agency throughout the country.
If the claimant is incompetent or gravely injured that he/she cannot enter the application himself, his
legal representative, guardian, ascendant, descendant, spouse or caring person shall apply on his behalf.
If the claimant is not satisfied with the VCR board’s decision, he/she has the right to file a petition in the
Court of Appeal within 30 days as from the date that he/she is informed of the decision. The judgment of the
Court of Appeal shall become final. The petition may also be filed at the aforementioned Ministry of Justice’s
offices or the Provincial Court that the Claimant has domicile.
The Court of Appeal has power to take additional evidence by its own initiative. Or it may assign the caseto be heard in the court of first instance as provided under the provisions of the Civil Procedure Code.
5. Penalties
If the claimant applies for compensation, restitution and benefits with false information, statements orevidence, or he refuses to comply with an order of the VCR board provided under the Act; he shall becriminally liable. A claimant who applies for compensation or restitution with false information shall bepunished with imprisonment not exceeding three years or a fine not exceeding sixty thousand Baht, or both.
A person who gives a false statement or produces false evidence relating to the application forcompensation or restitution under this Act to the Board, sub-committee or competent official shall bepunished with imprisonment not exceeding three years or a fine not exceeding six thousand Baht, or both.
A person who refuses to give a statement or deliver a document, evidence or information as required incompliance with an order of the Board, sub-committee, or competent official shall be punished withimprisonment not exceeding six months or a fine not exceeding one thousand Baht, or both.
The penalty in this Act is in conformity with the same offence as provided for in the Criminal Code.
6. Offence Schedule
The crime victims are entitled to apply for compensation only in regard to the offences provided in theschedule attached to the Act. There are specific offences under the Criminal Code as follows.

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RESOURCE MATERIAL SERIES No.70(1) Offences relating to sexuality, sections 276-287.
(2) Offences against life and body:a) causing death, sections 288-294;b) bodily harm, sections 295-300;c) abortion, sections 301-305;d) abandonment of children, the sick and the aged, sections 306-308.
7. Discussion
A claim for financial assistance or benefits under the Victim Compensation and Restitution for the
Accused and Benefits Act shall not prevent the victim, or the accused from receiving benefit otherwise thathe/she is legitimately entitled according to other laws. If the claimant is dead, his/her heir shall succeed thebenefits. The victim or the accused person who has been paid under other laws or insurance is entitled toclaim or he/she is entitled to receive payment from the compensation fund. In principle, the application does
not preclude the claimant’s dual recovery.
The administration of law is entrusted to the VCR board whose members will serve as policy anddecision-makers as well as regulators under the executive branch. On the other hand, the Board has quasijudicial power in hearing and granting an award to the claimant as well as in settling disputes in contested
cases. The OFA that has the duty to assist the victim or the accused is a government agency headed by a
Director of the Office under the Department of Rights and Liberties Protection, Ministry of Justice. The
office undertakes administrative work and serves as secretariat to the Board. In addition, there are a numberof legal officers assigned to investigate the application and make a recommendation firstly to a subcommittee and secondly to the VCR board for decision to award the compensation, restitution or benefits.
The Board has considerable power and discretion in its ruling on compensation awards which is subject
to Ministerial Regulation and Regulation enacted by the Board. The Board has power to recommend an
appropriate fund for activities under the law (see for a comparison study; Japanese Crime Victim Benefit
Payment Law 1980 and the Criminal Compensation Law). There are a number of questions on points of law
and policy in compensation/restitution or the conditions clearly defined in the Ministerial Regulation,
Regulation of the Board, Decision and Guidelines.
An application for compensation, restitution and benefits shall be made in writing in conformity with thestandards, methods, and rates provided by law. The compensation may be awarded to the claimant who is thevictim or the accused or to any claimant, if the award would alleviate the loss and suffering of the victim andthe accused. However, the board may determine in a particular case to award with a minimum to maximum
amount by taking into consideration the circumstances, seriousness of the offence and the nature of damage,including an opportunity to receive other reimbursements and eligibility.
Compensation shall not be awarded if the victim has not made a complaint to an inquiry police officer. He
has to file a complaint and cooperate with the police officer. In case of injury the claimant has to see a doctor
in a hospital. Or in case of death, the certificate from the competent authority must be submitted together
with the application and other relevant documents for consideration. The period of application is limited to
one year without an extension. Recently, the Office of Financial Assistance for the Victim and the Accusedhas developed a procedure and handbooks to speed the assistance process.
Compensation otherwise payable to a claimant in what conditions or moral grounds shall be reduced ordenied. The petition, whether on a matter of law or of fact shall be filed in the Court of Appeal in conformity
with the Civil Procedure Code. In practice, the petition provision is liberally interpreted in favour of an
appeal.
These questions and other questions of procedural justice are resolved by subordinate law andregulations. The law for crime victim’s compensation and restitution for the accused person has been amodest movement that has gained momentum under the influence of the Constitution and victim rights. In
fact the movement is enhanced by the guiding principles of the UN Declaration of Basic Principles of Justicefor Victims of Crime and Abuse of Power.

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131ST INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

This State financed compensation programme for crime victims is considered a relevant, practical andsimplified system in the context of Thailand’s socio-political situation and its stage of social and economic
development.
In conclusion, the victim of crime in Thailand has three alternatives to seek redress by his/her own
initiative: (i) to enter a civil law suit claim against the perpetrator for civil liability; (ii) to institute a criminal
complaint or charge the perpetrator in criminal court and file a civil case in connection with an offence; and(iii) to apply for a compensation award to the VCR Board.
An alternative avenue is to seek humanitarian assistance from the governmental or non-governmental
welfare service agencies or programmes.

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RESOURCE MATERIAL SERIES No.70

APPENDIX
Figure 1: Benefits Payment Schedule for Victim Compensation
A. Injury Compensation
1. Necessary expenditure for medical care is paid for the actual amount, but not exceeding Baht 30,000.
2. Physical and mental rehabilitation is paid in the actual amount, but not exceeding Baht 20,000.
3. Loss of earnings during absence from regular work at the amount not exceeding Baht 200 per day,for not over one year as from the incapable date of the regular work.
4. Other damages incurred besides, (1), (2) and (3) may be paid under the discretion of the Board, but
not exceeding the amount of Baht 30,000.
B. Compensation in Case of Death
1. Compensation in the amount ranging from Baht 30,000 to not exceeding 100,000.
2. Funeral service to be paid in the amount of Baht 20,000.
3. Loss of support to be paid in the amount not exceeding Baht 30,000.
Figure 2: Benefits Payment Schedule for the Accused Person
Restitution and Benefits
1. Necessary expenditure on medical care for illness directly arising from the criminal prosecution andits proceedings to be paid in the actual amount.
2. Physical and mental rehabilitation for illness arising from the criminal prosecution to be paid in theactual amount, but not exceeding Baht 50,000.
3. Loss of earnings during criminal proceedings at the amount of Baht 200 per day, from the incapable
date of the regular work.
4. Necessary expenditure for criminal defence.
(a) Actual lawyer’s fee, but not exceeding the payment schedule in Annex 3.
(b) Other expenses incurred in criminal defence at the actual amount, but not exceeding Baht
30,000.
In case the accused person has died as a consequence of criminal prosecution, the benefits payment
shall be as follows
1. Restitution to be paid at the amount of Baht 100,000.
2. Funeral service to be paid at the amount of Baht 20,000.
3. Loss of support to be paid at the amount not exceeding Baht 20,000.
4. Other damages incurred besides (1), (2) and (3) to be paid at the discretion of the Board, but notexceeding the amount of Baht 30,000.
Figure 3: Lawyer Fee’s Schedule
Category 1: Capital Offence shall be paid the minimum of Baht 4,000 per case up to the maximum Baht
100,000 per case.
Category 2: The Offence punishable by maximum imprisonment of over ten years, but not for capital
punishment and shall include several criminal offences and counts, but each count shall not
exceed ten years, however, all indictable counts exceeding ten years imprisonment shall be
paid at the minimum at Baht 3,000 per case up to the maximum Baht 75,000 per case.
Category 3: Other cases besides category 1 or 2 shall be paid the minimum at Baht 2,000 per case up to
the maximum Baht 5,000 per case.

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131ST INTERNATIONAL TRAINING COURSE
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Table 1 Application for Victim Compensation and Restitution for the Accused Persons(Statistics Compiled at June 30, 2005)

Source: Office of Financial Assistance for the Victim and the Accused, Department of Rights andLiberties Protection, Ministry of Justice.

Table 2 Victim Compensation, Restitution for the Accused and Expenses Payable from October 1,
2004 - September 30, 2005, Fiscal Year 2005, Budget Allocation at 60,000,000 Baht/YearMonth/
Year

Victim

Accused

Total

Projection
For
Monthly
Paid%

AnnualProjection
PayableTotal%

8,715,983

174.32

Oct 04

15

872,591

6

1,817,870

21

2,690,461---

Nov 0424

1,661,915

17

4,363,607

41

6,025,522

5,000,000

174.325,000,000

Dec 0428

2,190,503

6

1,397,260

34

3,587,763

10,000,000

35.88

15,000,000

12,303,746

82.02

Jan 0543

3,100,648

6

1,778,800

49

4,879,448

5,000,000

97.59

20,000,000

17,183,194

85.92

Feb 05

11

693,159

6

1,991,278

17

2,684,437

5,000,000

53.69

25,000,000

19,867,631

79.47

Mar 0560

4,557,513.50

122,746,280

72

7,303,793.50

5,000,000

146.0830,000,000

27,171,424.50

90.57

Apr 0576

5,464,283

11

2,356,160

87

7,820,443

5,000,000

156.4135,000,000

34,991,867.50

99.98

May 0535

2,906,735

8

1,044,149

43

3,950,884

5,000,000

79.02

40,000,000

38,942,751.50

97.36

June 05

9577,78582,132,689

17

2,710,474

5,000,000

54.21

45,000,000

41,653,225.50

92.56

Total

301

22,025,132.50

80

19,628,093

381

41,653,225.50

45,000,000

85,000,000

41,653,225.50

92.56

Source: Office of Financial Assistance for the Victim and the Accused, Department of Rights andLiberties Protection, Ministry of Justice.

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RESOURCE MATERIAL SERIES No.70

Table 3 Victim Compensation and Restitution for the Accused (Data Compiled 2002-2005)
Applicants Received

Summary ofApplication

Total Granted by the Board(2002-2005)

Decision by the Appeal Court(2002-2005)

Total Granted(2002-2005)(2002-2005)

Paid(Case)

Not
Paid(Case)

Amount (Baht)

Paid(Case)

Not
Paid(Case)

Amount(Baht)

No ofprojected
Cases 800

Amount160,000,000
Baht

BANGKOK

1,109

239

49

17,408,146.55

-

1

-

205

15,560,199

Sex Offences

104

10

2

1,011,097

-

-

-

8

221,097

Life

647

162

34

13,823,459

-

1

-

141

12,822,836

Body

357

67

13

2,573,590.55

-

-

-

56

2,516,266

1

-

-

-

-

-

-

-

-

The Victim

Abortion

-

-

-

-

-

-

-

-

PROVINCES

2,631

684

143

43,419,191.50

4-

170,000

346

24,737,097.50

Sex Offences

113

30

1

733,393

-

-

-

29

645,793

Life

1,797

345

110

32,952,420.50

4-170,000

237

21,430,755.50

Body

718

309

29

9,733,378

-

-

-

80

2,660,549

Abortion

1

-

-

-

-

-

-

-

-

Abandonment

2

-

1

-

-

-

-

-

-

Total Victims

3,740

923

192

60,827,338.05

41

170,000

551

40,297,296.50

BANGKOK

724

168

108

42,998,830

-

4

-

156

40,087,137

PROVINCES

703

205

88

61,357,489

-

4

-

206

61,268,792

Total Accused

1,427

373

196

104,356,319

-

5

-

362

101,355,929

Total of Victims& Accused

5,167

1,296

388

165,183,657.05

4

170,000

913

141,653,255.50

Abandonment

0-

The Accused

Source: Office of Financial Assistance for the Victim and the Accused, Department of Rights andLiberties Protection, Ministry of Justice.

28

131ST INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERSREFERENCES
Law Publication (Government Gazette, Legal Section)
Thai Publications
Act Relating to Liability of Government Official on Wrongful Acts B.E. 2539 (1996).
Act Relating to Welfare Alleviation for Personal Injury Arising from Assisting the Government, the Public,
and Performing Humanitarian Duty B.E.2497 (1954).
Beggar Control Act B.E. 2484 (1941).
The Civil and Commercial Code of Thailand B.E. 2466 (1923).
Constitution of the Kingdom of Thailand B.E. 2540 (1997).
Criminal Code B.E. 2499 (1956).
Criminal Procedure Code B.E. 2477 (1934).
Funeral Assistance Act B.E. 2517 (1974).
Labor Compensation Act 2540 (1997); Relating to the Labor Protection Law.
Office of Financial Assistance for the Victim and the Accused, Department of Rights and Liberties
Protection, Handbook for an Investigation of Fact, 2546 (2003).
Office of Financial Assistance for the Victim and the Accused, Department of Rights and Liberties
Protection, Handbook for Officials Dealing With Financial Assistance to the Victim and the Accused,
B.E. 2547 (2004).
Office of Financial Assistance for the Victim and the Accused, Department of Rights and Liberties
Protection, Handbook on Receiving an Application for Victim Compensation and Restitution of the
Accused, 2548 (2005).
Office of the Prime Minister, Regulation on Promotion of National Social Welfare, B.E. 2537 (1994);
established the Office of the National Commission on Social Welfare Promotion under the Departmentof Public Welfare, Ministry of Labor and Social Welfare.
Rehabilitation of Disabled Persons Act B.E. 2534 (1991).
Social Security Act B.E. 2533 (1990).
The Victim Compensation, and Restitution for the Accused and Benefits Act B.E. 2544 (2001).
The Witness Protection Act B.E. 2546 (2003).

English Publications
Atsumi, Toyo. The role of the Victims in the Current Administration of Criminal Justice in Japan and their
Refined Role That is to be Required, a paper presented at the International Workshop on Victimology.
Bangkok: Thammasat University, 1991.
Duffy, Peter. The Measure of Criminal Injuries Compensation: Political Pragmatism or Dog’s Dinner? Oxford
Journal of Legal Studies 17. 105-142, 1998.
Fattah, Ezzat A. From Crime Policy to Victim Policy: the Need for Fundamental Change, a paper presented
at the International Workshop on Victimology, Bangkok: Thammasat University, 1991.
Federal Rules of Criminal Procedure, Uniform Crime Victims Reparations Act. St. Paul, Minn: West
Publishing, 1988.

29

RESOURCE MATERIAL SERIES No.70

Goddard J. Methodological Issues in Researching Criminal Justice Policy: Belief Systems and the Causes of
Crime. International Journal of the Sociology of Law 25, 411-430, 1997.
Kadish H. Sanford, ed. Encyclopaedia of Crime and Justice. New York: The Free Press, 1983.
Knut, Sveri. Victims of Crime in Sweden, a paper presented at the International Workshop on Victimology.
Bangkok: Thammasat University, 1991.
MacDonald, William S., ed. Criminal Justice and the Victim. Beverly Hills, Sage Publications, 1976.
MacNamara, D.J. and John J. Sullivan. Making the Crime Victim Whole: Composition, Restitution,
Compensation. In Images of Crime: Offenders and Victims (Terence P. Thornberry and Edward
Sagarin, Eds.) New York: Praeger, pp. 79-90, 1974.
Marshal, Tony F. Alternatives to Criminal Courts. England: Gower Publishing Co., Ltd., 1985.
Monk, Richard C. ed. Taking Sides: Clashing Views on Controversial Issues in Crime and Criminology.
Guildford, Conn.: Dushkin Publishing Group, 1989.
Ministry of Justice, Japan, The Criminal Compensation Law, Law No. 1, 1950 subsequent amendments to
Law No. 42, 1988.
National Police Agency, Japan. Crime Victims Benefit Payment Law, Law No. 36, May 1, 1980.
Piumsombun, Purachai, et. al. Management Issues on Ordinary Crime Control: A Research Study of the
Bangkok Thonburi Metropolis. Tokyo: The United Nations University, 1985.
Rock, Paul, ed. Victimology. Dartmouth Publishing: Aldershot, 1994.
Shapland, Joanna. Victim, the Criminal Justice System and Compensation. In Victimology (Rock, Paul ed.)Dartmouth Publishing: Aldershot, pp. 131-149.
Tatsuya, Ota. New Trends in the Victim Support Scheme in Japan, a paper presented at the 12th
International Congress on Criminology, August 24-29, 1998, Seoul, Korea.
Thornberry, Terrence P. and Robert M. Figlio. Victimization and Criminal Behavior in a Birth Cohort. In
Images of Crime: Offenders and Victims (Terrence P. Thornberry and Edward Sagarin, eds.) New
York: Praeger, pp. 102-112, 1974.
Sullivan, D., Larry Tift and Peter Cordella. The Phenomenon of Restorative Justice: Some Introductory
Remarks. Contemporary Justice Review 1, 7-20, 1988.
Umbreit, Mark S. “Restorative Justice through Victim-Offender Mediation: A Multi-Site Assessment.” At
http://www.prenhall.com/cjtoday/chapter10/delux.html.
United Nations. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. New
York: UN Publication, 1985.
Whisenand, Paul M. Crime Prevention. Boston: Holbrook Press, 1977.
Vago, Steven. Law and Society, 4th ed. Englewood cliff: New Jersey, 1994.
Watanavanich, Prathan. Crime, Victim Restitution, and Compensation: The Thai Perspective. In Victimology
in Comparative Perspective (Koichi Miyazawa and Minoru Ohya, eds.) Tokyo: Seibundo, pp. 430-438,
1986.
Watanavanich, Prathan, ed. Victimology and Victim’s Rights: International Workshop on Victimology, theWorld Society of Victimology. Bangkok: Thammasat University, April 1991.
Zehr, H. and Harry M. Fundamental Concepts of Restorative Justice. Contemporary Justice Review 1, 47-55,
1998.

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