Remedies for Victim of Crime in Thailand กรมคุ้มครองสิทธิและเสรีภาพ กระทรวง ยุติธรรม Pol.Col. Naras Savestanan, Ph.D. Director General of Rights and Liberty Protection Department Rights and Liberty Protection Department, Ministry of Justice

The Compensation and Expenses for Injured Person and the Accused Act B.E (2001)

The Objective of this act is providing remedies to 1. Injured person 2. Accused person

QUALIFICATION OF INJURED PERSON WHO IS ELIGIBLE FOR THE COMPENSATION ACCORDING TO THIS ACT

Qualification of injured person who is eligible for the compensation according to this act 1. Being a person who physically or mentally injured 2. Criminal offences committed by other person 3. The injured person does not involve in such offences. 4. Being the offences on the list annexed to this Act (section 17)

THE LIST ANNEXED TO THE COMPENSATION AND EXPENSES FOR INJURED PERSON AND THE ACCUSED ACT B.E (2001)

The list annexed to The Compensation and Expenses for Injured Person and the Accused Act B.E (2001) Title 9 Sexual offences  Section Title 10 Offences against life and body  Chapter 1 Offences causing death (Section )  Chapter 2 Offences against body (Section )  Chapter 3 Offences of abortion (Section )  Chapter 4 Offences of abandonment of children, sick persons and elderly persons (Section )

QUALIFICATION OF ACCUSED WHO IS ELIGIBLE FOR THE REPARATION AND EXPENSES ACCORDING TO THIS ACT

Qualification of accused who is eligible for the reparation and expenses according to this act 1. Being the accused prosecuted by the public prosecutor 2. Being kept in custody during the judicial proceedings 3.The evidence clearly show that the accused does not commit a crime and the case is withdrawn during the judicial proceedings, or a final judgment of the case proves that the accused does not commit a crime or the acts of the accused is not a criminal offence.

Implementation on partnership integration policy with the Royal Thai Police to remedy the injured person in criminal case กรมคุ้มครองสิทธิและเสรีภาพ กระทรวงยุติธรรม

BACKGROUND AND PROBLEMS

Background and problems(1) From the statistic during the year , there were only % of the victims applying for state compensation (See the below table for the comparison between police statistic and RLPD statistic) Fiscal year Police statisticsRLPD statistics Comparison between the police statistics and RLPD statistics Case takingsNumbers of applicants Ratio of applicants and case taking

Background and problems(2) From a view.... “when there is a crime and people become an injured person in criminal case, if the department is capable of informing the right of the injured person since the beginning at a police station whereby the judicial process commences, every injured person in criminal case will be accessible to the state remedy in accordance with the objective of the Act”

POLICY IMPLEMENTATION

The 1 st stage (fiscal year of 2013) Co-operated with the Royal Thai Police(RTP) in order to assign investigation officers, nation-wide, to inform the injured persons about their rights to receive state compensation as stipulated in the Compensation and expenses for Injured Person and the Accused Act B.E. 2544(2001). Investigation officer shall inform their rights and take note of the case description into the right to state compensation notification form กรมคุ้มครองสิทธิและเสรีภาพ กระทรวงยุติธรรม

The 2 nd stage (fiscal year of 2014) Established 45 service points at Provincial Police Stations in order to enhance channel to receive state compensation application and to inform of the right to receive state compensation in a systematic and comprehensive manner (One Stop Service) กรมคุ้มครองสิทธิและเสรีภาพ กระทรวงยุติธรรม

The 3 rd stage (fiscal year of 2015)  Increase number of service points at police stations covering all 76 provinces  Develop mutual declaration on the assistance to people between MOJ and RTP on 23 September 2014  Sign MOU to provide assistance to victims of crime according to the Compensation and Expenses for Injured Person and the Accused Act B.E. 2544(2001) on 8 December 2014 กรมคุ้มครองสิทธิและเสรีภาพ กระทรวงยุติธรรม

OUTPUT OF THE POLICY IMPLEMENTATION

Output of the Policy implementation  2013 increase to 38.62%  2014 increase to %  2015 increase to % This statistic shows a comparison between cases taking by police and state compensation applications submitted to RLPD The numbers of applicants for state compensation is gradually increasing during the year

Output of the Policy implementation In the fiscal year of 2012, the payment for compensation and expenses for Injured Person and the Accused was 206 millions THB. In the fiscal year of , the payment has increased to 267, 360 and 375 millions THB respectively Statistics show annually increase in provision of victim remedy Fiscal year Payment (THB)206,304, ,646, ,987, ,166,250.68

THANK YOU VERY MUCH FOR YOUR ATTENTION